![]() ![]() High Court’s view: The retrospective applicability of the Amendment Act had been challenged in the Hon'ble High Court of Kerala through the writ petition The United Planters' Association of Southern India and Others v the Union of India and Others, seeking, inter-alia, a stay on the retrospective applicability of the Amendment Act. Without going into deeper details of the first two revisions, for which a lot of my colleagues have already written, I would focus on the third and more complex issue of retrospective effect of the Amendment Act. Retrospective effect: The Amendment Act has been brought in to take retrospective effect, wherefrom 1 April 2014.Increased the wage ceiling: The ceiling for calculation of bonus was revised from INR 3500 to INR 7000 per month "or the minimum wage for the scheduled employment, as fixed by the appropriate Government" (whichever is higher).Raised the bar of wage threshold: To cover a bigger pool of workers, the wage threshold has been revised from INR 10,000 to INR 21,000 per month for determining eligibility of workers.Principle changes, as per the Amendment Act: Further, the Amendment Bill was tabled and passed in the Rajya Sabha on 23 December 2015 and received the assent of the President of India on 31 December 2015 and became the Payment of Bonus (Amendment) Act, 2015 (“ Amendment Act”). After giving due consideration to the demands of trade unions with regards to increase the bonuses being given to workers under the Payment of Bonus Act, 1965 (“ Principal Act”), the Government of India introduced the Payment of Bonus (Amendment) Bill, 2015 (“ Amendment Bill”), in the Lok Sabha on 7 December 2015 and the same was passed on 22 December 2015. ![]()
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