Bonus Issue - Bonus Act

My ex employer has not given me the same bonus as given to other employees for the period i was with him. He gave me only a part amount saying that that is what they have given for that period to all employees. However when i filed a case in the labour court, he claims that he is not interested in giving me the same bonus or ex-gratia as he is interested only with those who are in his current employment and that he is not interested in giving me the same pro-rata benefit. However i understand that section 21 of the bonus act clearly states that an ex employee has to be treated similar to an employee for the same period of service. What should i do?

Dear Chellappa,
Ensure that payment under Bonus act is disbursed among the employees. If it is so, you are eligible for bonus subject to attendance. If it is ex-gartia, and not bounded to any agreement between Management and Employees, you won't have any claim on it.
Abbas.P.S

Dear Abbas
All employees were given 17.5% Bonus for 2012-13. This was given in September-2013. I resigned in September,2013,30th. They gave me part payment in October saying that that is what they have given everyone. Afterwards i came to know from other employees that it was not so and that they have been given 17.5% of the gross salary paid during 2012-13. I have approached the labour court under ID Act, claiming my full bonus. They have also not given my Bonus for 2013-14 which was given in September-2014.

Dear Abbas
All employees were given 17.5% Bonus for 2012-13. This was given in September-2013. I resigned in September,2013,30th. They gave me part payment in October saying that that is what they have given everyone. Afterwards i came to know from other employees that it was not so and that they have been given 17.5% of the gross salary paid during 2012-13. I have approached the labour court under ID Act, claiming my full bonus. They have also not given my Bonus for 2013-14 which was given in September-2014.... · see less · mark as spam

Dear Chellappa,
Kindly check that you are under purview of Payment of Bonus Act or not. Those who draw a salary up to Rs. 10,000 are entitled to get bonus under this act. If you draw a salary of more than Rs. 10000, it is not statutory to pay under Payment of Bonus Act.
Abbas.P.S

Hello Chellappa,
You mentioned "....he is not interested in giving me the same bonus or ex-gratia......".
Pl clarify IF this is supposed to be Bonus OR Ex-gratia.
Like Abbas mentioned, Bonus is mandatory, subject to the covenants of the Payment of Bonus Act......while there's NO mandatory aspect in Ex-gratia.
You mentioned that you have ALREADY filed a case in the Labor Court--when & what's the outcome?
Rgds,
TS

Dear TS
They have given Bonus to all employees in their Roll as on the date of giving /dispersing the Bonus. I was relieved on 30th of September. The Bonus for the year 2012-13 was given in September 2013 after the salary has been paid. I was given my September salary in October along with an amount as Ex-gratia for the same period i.e. 2012-13. Subsequently in September 2014 Bonus was declared for 2013-14 and disbursed to all employees on Roll. I have not got the same for the six months i had served in 2013-14 i.e. April 2013 to Sep. 2013. The matter is in the Labour Court.
Regards