Bombay High Court Stays The Retrospective Operation Of The Payment Of Bonus (Amendment) Act, 2015
On 13 June 2016, the Division Bench of the Hon'ble Bombay High Court (comprising of Hon'ble Justice V M Kanade and Hon'ble Justice M S Sonak) has passed an ad interim order staying the retrospective operation of the Payment of Bonus (Amendment) Act, 2015 (the Amendment Act) in a writ petition filed by Tech Mahindra Limited, who was represented by the Firm. Background The Payment of Bonus Act, 1965 (the Principal Act) was enacted by the Parliament in 1965. The preamble to the Principal Act states that it is an " Act to provide for the payment of bonus to persons employed in certain establishments on the basis of profit or on the basis of production or productivity and for matters connected therewith " . The Principal Act provides for the mandatory annual payment of bonus, calculated on the basis of the gross-profits which are determined at the close of the accounting year, to eligible employees of establishments which employ 20 or more persons. Under the Pr