Suman, an employee of Prajwal Textiles was dismissed by the employer for misconduct. Suman filed a petition in the Labour Court challenging the order of dismissal. The Labour Court found the dismissal order as invalid an
CS Professional · Labour Laws & Practice · PYQS · June 2025
Suman, an employee of Prajwal Textiles was dismissed by the employer for misconduct. Suman filed a petition in the Labour Court challenging the order of dismissal. The Labour Court found the dismissal order as invalid and ordered reinstatement. The employer filed appeal in the High Court which confirmed the order of the Labour Court. Unfortunately the employee died. His wife claimed the bonus as applicable for the deceased employee for all the years subsequent to his dismissal. Will she succeed? Explain with relevant provisions.
Answer & Explanation:
Answer 6(a) Yes, the wife of the deceased employee is entitled to claim bonus for all the years subsequent to the death of the employee. In the instant case, though the employee expired, however, before the death, the Labour Court orders his reinstatement after finding the termination as invalid. Section 21 of the Payment of Bonus Act, 1965 provides that where any money is due to an employee by way of bonus from his employer under a settlement or an award or agreement, the employee himself or any other person authorised by him in writing in this behalf, or in the case of the death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government or such authority as the appropriate Government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue. It may be noted that every such application shall be made within one year from the date on which the money become due to the employee from the employer. Any such application may be entertained after the expiry of the said period of one year, if the appropriate Governments satisfied that the applicant had sufficient cause for not making the application within the said period.
Topics: Payment of Bonus Act, 1965
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