labour commissoner has lodged criminal case for default in bonus aginst company .the principal co is wrongly impleaded while misdeed is fromsub contrator.Hon'ble High Court of Kerala in the case of Cominco Binani ZincLtd Vs. Pappchan 1989 I LLJ 452 has held that the principalemployer has no obligation to pay the bonus to the employees ofthe contractor.
we prayed to free him under sec29 of bonus act asProvided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence
but court clerk says 1st apper the principal contractor -get bail -thereafter prayer.
strange one is not acused in an offence -which is not bound upon still is asked tosurrendor and get bail .pl suggest any alternate .thanks
