Unpaid Bonus - Exited employee has filed complaint that he was not paid for two financial year

Exited employee has filed complaint that he was not paid for two financial years of under "Payment of Bonus Act"Section 10(H).
His gross payment is above 30,000/-.
Please advise what should be the reply.

The reply has to be specific to the allegations in complaint / summon of Authority.

It simply talks about 10(H) nothing specific.

Dear Sharma,
Better you upload the copy of the complaint.

First question
Have you checked entitlement of bonus of the concerned exemployee?
Second
Sec 10 H could not locate it in Payment of bonus act
As learned member said.
Pl post the letter on the forum
Duly masked to conceal identity.

As the eligible employees have to be drawing ₹21000 per month or less (basic + DA, excluding other allowances) as per the Payment of Bonus Act 1965, the employee concerned is out of coverage (drawing >Rs. 30,000) as per the Act and hence ineligible to invoke the jurisdiction of the authorities concerned.

Ya it is true there is a norm of below 21000 Rs is eligible for Bonus eligibility for a private employee. But if it is Basic pay Plus ➕V. D. A (variable Dearness Allowance) totalling below Rs 21000 /-only.THAT IS RULE OF LAW'S APPLICABILITY. SIR SO PLS CHECK YOURSELF HIS SALARY IS BELOW RS 21OOO UNDER ABOVE NORMS... PAY BONUS AS EARLY AS POSSIBLE. WITH NO CONTRAVERSY.

MOREOVER I WISH TO CLARIFY WHAT IS IN PRACTICE NOW ... IS.. IN EVERY FACTORY IRRESPECTIVE OF WAGE LIMITS ALL EMPLOYEES ARE BEING PAID BONUS BY THE MANAGEMENT OF THE COMPANY. SO SIR PLS GO AHEAD. ASK YOUR EMPLOYEE AND SETTLE THE ISSUE AMICABLY... NOTHING HAPPENS IF BOTH ARE COMPROMISED OUT OF COURT SETTLEMENT BY NOT DRAGGING THE ISSUE UNNECESSARY HEADACHE TO THE COMPANYWITH RECEIVING NOTICES FROM LABOURDEPT. FOR JOINT MEETINGS.

Please specify the left employee of basic & DA. If the basic & DA below 21000/- then he is eligible for bonus. If company has not paid during 2 financial year definitely he is eligible.

The component considering for bonus calculation is Basic + DA, and the ceiling is 21000/- and below.
whatever the gross may be, if the employees Basic + DA is 21000/- pm or less, then they are/were considered for bonus.
Hence, in your case check whether the concerns have >or = to 21000/- (Basic + DA) then they are eligible otherwise not.

If there is a practice of payment of Bonus to all employees irrespective of their pay then the exited employee also entitled to get bonus. The Union can raise industrial dispute for payment of bonus of exited employee also.