Notice issued to the Attorney General for India with regard retrospective operation of Payment of Bonus Act

Allahabad High Court: While dealing with question relating to the retrospective applicability of Payment of Bonus (Amendment) Act, 2015, the Court issued notice to the Attorney General for India.

In the present case, the attention of the Court has been drawn to the fact that a learned Single Judge of the High Court of Karnataka in Karnataka Employees Association vs. Union of India, Writ Petition No.5272/2016 and has issued an interim order to the effect that the amendment would take effect only from the financial year 2015-16. It will not have retrospective operation. The Court after the perusal of arguments advanced held that “the ends of justice would be met if a direction is issued to the effect that no coercive steps shall be taken against the petitioner in respect of any period prior to 31 March 2015.” [Benara Udyog Ltd v. Union of India, 2016 SCC OnLine All 99, decided on 12.02.2016]. The Kerala High Court has already stayed the retrospective operation of the Act. You can read the story here.

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