How to answer question of Audit and Law (PCC/IPCC).?

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Question: ABC Textiles Ltd. employed 20 full–time and 5 part-time employees who were drawing salary
of less than Rs.10,000 per month. After completing service of 28 days, in an accounting year,
10 full-time employees submitted their resignations and left the service of the company. The
Board of directors of this company decided not to give the bonus to the employees, who
resigned, to the remaining full-time employees and to the part-time employees. Against the
decision, all the employees applied to the authorities for relief.
Decide, stating the provisions of the Payment of Bonus Act, 1956, whether the employees,
who resigned, remaining full-time employees and part-time employees will get relief.

Answer:
1. Relevant Sections : The given problem relates to the provision of section 8 Eligibility of Bonus
of the Payment of Bonus Act, 1965.

2. Provision of section 8 :

(A) as per the provision of section 8 , any employee shall be eligible for bonus
if he has worked in that accounting year for not less than 30 days.

(B) when computing the limit of working days , provision of section 14 should be considered.

(C) as per section 2(13) employee means any person other than apprentice, employed on a salary
or wage not exceeding Rs 10000 p.m. in any industry to do any skilled, manual, supervisory, managerial
administrative, technical or classical work whether for hire or reward whether the terms of employment
are expressed or implied.

3. Facts of the given problem : In the given problem, ABC textile ltd was employing 20 full time and
5 part time employee, who drawing a salary Rs. 10000 p.m. After working of 28 days in a accounting year,
10 full time employed submitted their resignation. The BOD decided not to give the bonus to the employs
who resigns and to the remaining full time and part time employee. Against the decision of board, all
the employee to be move to the court for relief.

4. Conclusion : after comparing the facts of the given problem with the provision of section 8 it can be concluded that :-

(a) 10 employees who resigns work only for 28 days which means that they were not eligible under
section 8 of bonus. Hence, they will not be given any relief by the court.

(b) the remaining 10 full time employees and 5 part time employees that not left the service of the company which means they were eligible for bonus. Therefore, they will be given relief by court.

5. Other point (IF ANY ).................

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