I think Keshav and Harsh have clarified the points in detail. And I don't find any merit in Abhay's arguments also. Here in this particular case, unfortunately, the principal employer is Central Government and that is why all these things have happened. Had it been any other private organisation, the Labour department would have intervened and the contract workers would have got their bonus. For deciding the eligibility for bonus, it is immaterial whether they are daily rated or employed for a fixed period or not. In a conciliation, practically (not going by law), even the salary ceiling of Rs 10000 is not considered no a days.
The main menace is that in the present case it is the government who is the principal employer and the fact that government body is not covered by the Payment of Bonus Act. This cannot be taken for granted because the department cannot escape from the liability of principal employer. In respect of payment of ESI and PF contributions, the contractor has been following the respective law and there seems to be no failure in making these statutory payments. That means, the contractor being the employer of the workers engaged should take initiative and pay the bonus as per law. Moreover, the government department for whom they are engaged should also take initiative and ensure that the bonus is paid to the workers.
Another important thing that I find is that there have been changes in the contractors over these 12 years period but the workers remain the same. Had this situation been in a private organisation, naturally, the labour department would have declared the contract as sham and initiated action against the principal employer. In this scenario, the workers should file a complaint before the appropriate authority, Labour department and find a solution. Normally, the contract value will include an element of bonus also. The same should also be verified. There may be a chance that the department makes payment on CTC basis and the contractor is paying only the salary keeping the bonus element with him.
Regards,
Madhu.T.K