Dear Patrons, As everyone is aware, Payment of Bonus Act was amended in 2015 giving retrospective effect from 1.4.2014.
Principal Employer (PE) is to include in their tender estimate the bonus element at the rate of Rs.11.21 per day of a worker i.e. 8.33% on Rs.3500/pa as per the pre-amended bonus act.
One of the PSU as PE refused to compensate the contractors the diff. of Bonus amount between 8.33% on Rs.3500 Vs. 8.33% on MW as per Amended act, for the work orders running wef 2013 and also for the work orders issued prior to publication of Amended Bonus Act.
For this the Contractors approached the offices of Dy Labour Commissioner and conciliation proceedings were held with ALC(C). On the refusal of PE, the conciliation proceedings ended in failure and P.O. referred the matter to MoL, GoI.
Min.of Labour referred the matter to CGIT to adjudicate "whether the refusal of PE not to compensate the contractors is right or not."
Now the basic query is: Whether CGIT is a proper forum to entertain this case, as the case being between PE & its Contractors. What I understand is CGIT is to intervene/adjudicate the matter related to "Workmen" only. OR the contractors need to file Civil Suite (which is time consuming). Secondly, whether the contractors need to opt for Arbitration Proceedings (as provided in the work order conditions). If Arbn. Proceedings, then it will be applicable for each work orders independently not collectively, but the matter is of Policy decision to be applied for all such work orders.
copy of such referals are attached. Kindly throw your views on the matter.
Rgds
PL Kanthan
Principal Employer (PE) is to include in their tender estimate the bonus element at the rate of Rs.11.21 per day of a worker i.e. 8.33% on Rs.3500/pa as per the pre-amended bonus act.
One of the PSU as PE refused to compensate the contractors the diff. of Bonus amount between 8.33% on Rs.3500 Vs. 8.33% on MW as per Amended act, for the work orders running wef 2013 and also for the work orders issued prior to publication of Amended Bonus Act.
For this the Contractors approached the offices of Dy Labour Commissioner and conciliation proceedings were held with ALC(C). On the refusal of PE, the conciliation proceedings ended in failure and P.O. referred the matter to MoL, GoI.
Min.of Labour referred the matter to CGIT to adjudicate "whether the refusal of PE not to compensate the contractors is right or not."
Now the basic query is: Whether CGIT is a proper forum to entertain this case, as the case being between PE & its Contractors. What I understand is CGIT is to intervene/adjudicate the matter related to "Workmen" only. OR the contractors need to file Civil Suite (which is time consuming). Secondly, whether the contractors need to opt for Arbitration Proceedings (as provided in the work order conditions). If Arbn. Proceedings, then it will be applicable for each work orders independently not collectively, but the matter is of Policy decision to be applied for all such work orders.
copy of such referals are attached. Kindly throw your views on the matter.
Rgds
PL Kanthan
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