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Legislation

Payment of Bonus Act, 1965

26 Supreme Court judgments cite this Act.

HOUSING BOARD OF HARYANAversusHARYANA HOUSING BOARD EMPLOYEES UNION AND ORS.

1995 INSC 64330 October 1995Dismissed

The Supreme Court examined whether the Haryana Housing Board (HHB) qualifies as a "local authority" under section 32(iv) of the Payment of Bonus Act, 1965. The Board is a statutory corporation whose members are appointed by the State Government and whose functions are subject to extensive governmental control, includin

SPIC PHARMACEUTICALS DIVISIONversusAUTHORITY UNDER SEC. 48(1) OF A.P. AND ANR.

2007 INSC 23228 February 2007Disposed off

The appellants, manufacturers of pharmaceutical products, dismissed several medical representatives and the employees sought relief from the appellate authority under the Andhra Pradesh Shops and Establishments Act, 1988. The employers contended that the Sales Promotion Employees (Conditions of Service) Act, 1976, bein

M/S. HAMDARD (WAKF) LABORATORIESversusDEPUTY LABOUR COMMR. AND ORS.

2007 INSC 48727 April 2007Appeal(s) allowed

The employer, Mis. Hamdard (Wakf) Laboratories, terminated 37 workmen alleging an illegal strike, leading to an industrial dispute and an award reinstating 17 workers with 50% back‑wages. The workmen later filed applications under Section 6‑H(l) of the U.P. Industrial Disputes Act seeking bonus, which the Labour Commis

BAKSHI SECURITY AND PERSONNEL SERVICES PVT. LTDversusDEVKISHAN COMPUTED PVT. LTD. AND ORS.

2016 INSC 55926 July 2016Appeal(s) allowed

The Gujarat Transport Department floated a tender for manpower services with conditions that the salary paid must not be less than the minimum wage and that bids must be fixed, not open‑ended. Three bidders qualified; the Technical Evaluation Committee fixed a minimum‑wage figure of Rs 3,00,92,346, rendering the bids o

STATE OF TAMIL NADUversusK. SABANYAGAM AND ANR. ETC.

1997 INSC 75425 November 1997Dismissed

The Tamil Nadu Housing Board was exempted from the Payment of Bonus Act, 1965 by two Government Orders issued under Section 36 of the Act (1979 and 1982). Employees of the Board challenged the exemptions, and the Madras High Court set aside the orders, directing the Board to pay statutory bonus from the 1978‑79 account

THE WORKMEN OF M/S. BINNY LTD.versusTHE MANAGEMENT OF BINNY LTD. & ANOTHER

1985 INSC 18222 August 1985Appeal(s) allowed

The workmen of the former Binny & Co. Ltd., now employed by the amalgamated Binny Ltd., claimed a 20% bonus for the financial year 1969 based on a separate profit and loss account prepared for their original unit, which showed a substantial profit. The new company paid only a 4% bonus calculated on the consolidated pro

SAKHKKAR MILLS MAZDOOR SANGHversusGWALIOR SUGAR CO. LTD.

1985 INSC 3122 February 1985Appeal(s) allowed

Gwalior Sugar Co. employed 800 seasonal workers who worked only during the sugar‑cane crushing season. The employer refused to pay them the minimum bonus guaranteed under Section 10 of the Payment of Bonus Act, 1965, arguing that they were not employed for the whole accounting year. The Industrial Court awarded the min

RASHTRIYA MILL MAZDOOR SANGH, NAGPURversusTHE MODEL MILLS, NAGPUR AND ANR.

1984 INSC 17118 September 1984Appeal(s) allowed

The Rashtriya Mill Mazdoor Sangh filed four references under the Bombay Industrial Relations Act seeking bonus for workmen of Model Mills, Nagpur for the years 1964‑68, alleging the employer was liable under the Payment of Bonus Act, 1965. The employer contended that a notified order under Section 18A of the Industries

UNION OF INDIA & ORS.versusR. C. JAIN & ORS.

1981 INSC 3517 February 1981Appeal(s) allowed

The Delhi Development Authority (DDA) had paid bonus to its employees for ten years until 1973‑74, after which it stopped the payments on advice of the Ministry of Law. The employees challenged the stoppage by filing a writ petition, which the Delhi High Court allowed. The Union of India and the DDA appealed to the Sup

STATE BANK'S STAFF UNION (MADRAS CIRCLE)versusUNION OF INDIA AND ORS.

2005 INSC 41915 September 2005Dismissed

The Central Government Industrial Tribunal awarded a customary bonus to State Bank of India employees, which the bank’s management challenged. While the award was pending, Parliament enacted the Banking Laws (Amendment) Act, 1984, inserting provisions in the State Bank Act and related statutes that prohibited any bonus

AHMEDABAD PVT. PRIMARY TEACHERS' ASSOCIATIONversusADMINISTRATIVE OFFICER AND ORS.

2004 INSC 3213 January 2004Dismissed

A teacher employed by a municipal school sought gratuity under the Payment of Gratuity Act, 1972, but the Gujarat High Court held that teachers are not "employees" within the meaning of section 2(e) and dismissed the claim. The Ahmedabad Private Primary Teachers' Association appealed, arguing that the definition of emp

COFFEE BOARD EMPLOYEES ASSOCIATION AND ORS.versusA. C. SHIV.A GOWDA AND ORS.

1991 INSC 33511 December 1991Appeal(s) allowed

The Coffee Board, which employs staff for storing, curing and marketing coffee, made an ex‑gratia payment to those employees equal to the minimum bonus payable under the Payment of Bonus Act for the years 1964‑65 to 1968‑69. The payment was made from the surplus "Pool Fund" created under Section 32 of the Coffee Act, 1

RADHU K. KAKDE OF BOMBAY INHABITANT, BOMBAYversusUNION OF INDIA & ORS.

1985 INSC 24711 December 1985Dismissed

The appellant challenged the applicability of the Payment of Bonus Act, 1965 to employees of the Canteen Stores Department (India), arguing that the department was not an "establishment" engaged in an industry under a Central Government department and thus should not fall within the exemption of Section 32(iv). The Cou

UNION OF INDIA ETC.versusTHE UNITED PLANTERS ASSOCIATION OF SOUTHERN INDIA ETC. & ORS.

2022 INSC 67311 July 2022Disposed off

The Union of India moved several transfer petitions under Article 139A of the Constitution seeking to shift more than 140 writ petitions, pending in 18 High Courts, that challenge the constitutional validity of the Payment of Bonus (Amendment) Act, 2015. The petitions argued that the amendments – which raised salary th

THE MAHARASHTRA STATE ELECTRICITY BOARDversusMAHARASHTRA VEEJ MANDAL KAMGAR SANGH AND ANR.

1998 INSC 47510 December 1998Disposed off

The Maharashtra State Electricity Board (MSEB) was challenged by two trade unions for allegedly failing to pay statutory bonus to their workmen for the accounting years 1965‑66 to 1969‑70 under the Payment of Bonus Act, 1965. The Industrial Tribunal held that after deducting certain items from gross profits, no allocab

WORKMEN OF KETTLEWELL BULLEN AND COMPANY LTD.versusKETTLEWELL BULLEN AND COMPANY LTD.

1994 INSC 46 January 1994

The workmen of Kettlewell Bullen & Co. claimed a customary bonus for the years 1974‑1977, arguing that the company had been paying a bonus since 1959, at a uniform rate of 10.5% of salary from 1965‑1973, before the Puja festival and irrespective of profits. The Industrial Tribunal held that this long‑standing, uniform,

H.P: STATE ELECTRICITY BOARD AND ANR.versusRANJEET SINGH AND ORS.

2008 INSC 3095 March 2008Case Allowed

The appellant, H.P. State Electricity Board, appealed against the Labour Court and Himachal Pradesh High Court decisions that had granted daily‑wage workers (respondents) a minimum bonus under the Payment of Bonus Act, 1965. The respondents had filed applications under Section 33‑C(2) of the Industrial Disputes Act, 19

A.P. FOODSversusS. SAMUEL AND ORS.

2006 INSC 3914 July 2006Case Partly allowed

A.P. Foods, a non‑profit public‑sector establishment run by the Andhra Pradesh Nutrition Council, was challenged by its employees who demanded bonus under the Payment of Bonus Act, 1965. The Labour Commissioner held the Act inapplicable, but the employer later paid ex‑gratia and subsequently stopped it, prompting a wri

MUKESH ADVANIversusSTATE OF MADHYA PRADESH

1985 INSC 1202 May 1985Disposed off

The Supreme Court entertained a writ petition filed by Mukesh Advani on behalf of bonded labourers from Tamil Nadu working in stone quarries at Raisen, Madhya Pradesh, alleging exploitation through advance payments, piece‑rate wages below minimum, and denial of statutory protections. An investigative report and a Distr

THE MANAGEMENT OF WORTH TRUSTversusTHE SECRETARY, WORTH TRUST WORKERS UNION

2025 INSC 4321 April 2025Dismissed

The Worth Trust, a charitable organization that also runs commercial factories, was challenged by its workers' union for payment of bonus and ex-gratia for the year 1996-97. The union argued that the workers, employed in the Trust's factories, fall within the definition of "workmen" under the Factories Act and are ther

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