...seasonal establishment, retaining allowance paid to such workmen should be regarded as remuneration or wages under the Payment of Bonus Act, 1965. The question arises under the following circumstances...:2. The Industrial court, Gujarat, by its Award dated July 11, 1980 held that the retaining allowance paid to the workmen could not be included for the purpose of calculation of...15, 1980 set aside the Award of the Industrial court and held that the retaining allowance falls within the definition of the expression “salary or wage” given in Section 2(21) of the Payment of...

...respect to retaining allowance for the off-seasons of 1954-59. The appellant is a sugar factory and the major part of its work is seasonal. It appears that the question of retaining allowance to...tripartite conference of Government, employers and workmen by which retaining allowance at a certain percentage of wages was to be paid to certain categories of workmen. This was followed by an order dated...July 5, 1950 by which retaining allowance was allowed to certain other categories of workmen, including clerical staff. This order of 1950 was to be in force for one year in the first instance, and the...

...Industrial Tribunal awarding a retaining allowance to unskilled workmen at a rate of 5% of the basic wages for the period of the off season of numerous sugar industries in Bihar. The appellants companies...allowances which have already been paid.3. This brings us to the main question in controversy in these appeals. That question is whether retaining allowance should be paid to...a formula acceptable to both employers and labourers but in vain. In 1950 a reference was ultimately made to Mr Justice B.P Sinha (as he then was) as regards these disputes about retaining allowance. The...

...(21) of the Act covers retaining allowance during the off season granted to the workmen in the seasonal establishment of the sugar factory of the Udyog. HEADNOTE...: The appellant which runs a sugar factory, treated the retaining allowance paid to the workmen during the off- season as part of their wages for the purpose of the Employees' Provident Fund Act, 1972.... ^ HELD : The retaining allowance paid to the employees during the off-season in the sugar industry partakes the nature of deferred wages on a lower scale and falls within the definition of the...

...value of any food concession) and retaining allowance if any payable to each employee to whom the Scheme applies:Provided that the above rate of contribution shall be (twelve) per cent..., dearness allowance and retaining allowance (if any) subject to the condition that the employer shall not be under an obligation to pay any contribution over and above his contribution payable under...the Act).(3) The contributions shall be calculated on the basis of basic wages, dearness allowance (including the cash value of any food concession) and retaining allowance (if any...

...Kurian Joseph, J.— Whether seasonal workers of the sugar factories stopped crushing years back would be entitled to retaining allowance, was the main issue agitated by the appellant Union...there was no crushing in the sugar factories, the seasonal workers will not be entitled to retaining allowance. Aggrieved, the Union has come up in appeal.2. At the time of hearing of the...under the said plan, the retaining allowance may be directed to be taken into account.3. Heard the learned counsel appearing for the respondents also.4. It is seen from...

...following reference:“Whether the exclusion of payment of overtime, leave encashment, bonus and retaining allowance while calculating the hill development allowance by...development allowance, the employer has not taken into account any other amount including amount received as bonus, leave encashment, retaining allowance or overtime wages. It is the claim of the workmen...the amount received regarding leave encashment and overtime wages”. However, the Tribunal observed that “hill development allowance shall not be payable on bonus and retaining allowance or on any...

...) 989 ACT: Seasonal lndustries-Unskilled workmen-Retaining allowance for off season-If wage structure to be raised in lieu of retaining allowances...whether retaining allowances should be paid to them during the off season. The Labour Appellate Tribunal inter alia awarded a retaining allowance to unskilled workmen, at a rate...employer were that. agriculture was the primary occupation of these persons and the employment in the Sugar Factory Was merely a subsidiary occupation, that claim for retaining allowance was really in...

...to the provident fund on basic wages, dearness allowance, and retaining allowance (if any). To exclude any incentive wage from basic wage, it should have a direct nexus and linkage with the amount of...to basic wage or as part of consolidated wages. Retaining allowance was payable to all permanent employees in seasonal factories and was therefore included in Section 6. But, house rent allowance is...Schemes. - The contribution which shall be paid by the employer to the Fund shall be ten percent. Of the basic wages, dearness allowance and retaining allowance, if any, for the time being payable to...

...the Act) claiming retaining allowance for the off-season when they were laid off and the higher scales of pay as they had been working against clerical and other posts though appointed as Kamdars. The...Board as the retaining allowance was to be paid only to seasonal permanent workers who had been specified in the staffing pattern approved by the Board of Directors of the Management and the...Registrar, Co-operative Societies. The basis of the recommendations of the Wage Board was also denied by the respondent-management and it was further averred that the retaining allowance was not available to...

...been challenged by the petitioner on various grounds, saying that he is a seasonal employee, who has been paid retaining allowance. The impugned order records that with effect from 06.05.2016 regarding...seasonal employees, there is the Standing Order, 1988 issued by the Government of U.P., Department of Labour dated 27.09.1988, wherein there are clear instructions for payment of retaining allowance, which...require that during each crushing season, a seasonal employee has to work for a month in order to be entitled to retaining allowance. A finding has been recorded to the effect that since the...

...shall be paid by the employer to the Fund shall be eight and one-third per cent of the basic wages, dearness allowance and retaining allowance (if any), for the time being payable to each of the...employee so desires and if the Scheme makes provision therefor, be an amount not exceeding eight and one-third per cent of his basic wages dearness allowance and retaining allowance (if any), subject to...include also the cash value of any food concession allowed to the employee.Explanation 2.—For the purposes of this section ‘retaining allowance’ means an...

...workmen are paid retaining allowance, which is in the nature of subsistence allowance, as provided under the agreement between parties. The petitioner further submits that after the crushing period...during the year 2001-2002 was over in April, the seasonal workmen were paid retaining allowance for the non-crushing period. They were not called for maintenance work, and in fact, no maintenance work...% of the wages as layoff compensation, but the seasonal workmen are being paid only 50% of the retaining allowance for the layoff period. According to the petitioner, the seasonal workmen are also...

...extent the writ petition be dismissed as not pressed. He further states that he has been instructed to press this petition only so far as the question of retaining allowance is concerned.2.... Unit Shahganj, Jaunpur rejecting the claim of petitioners for regularisation as well as retaining allowance. Since the relief with respect to regularisation has not been pressed, this Court is not...considering the correctness of the impugned order, in so far as regularisation has been denied and is confining the scrutiny thereof only to the extent of retaining allowance. The respondent no. 1 has...

...contribution by the employer and the employee to the provident fund and that contribution is 6¼ per centum of the basic wages, dearness allowance and retaining allowance (if any) for the time being...payment, are excluded from “basic wages”. Further, Section 6 which provides for contribution only refers to basic wages, dearness allowance and retaining allowance (if any) and contributions have to be...that is clearly the result of the specific provision in Section 6 which lays down that contribution shall be 6¼ per centum of the basic wages, dearness allowance and retaining allowance (if any). We...

...crushing season, they are paid retaining allowance for a period of one month.3. It is stated by the petitioner that the practice of payment of retaining allowance in the society was that..., they were paid the retaining allowance.4. A show-cause notice was issued to the society by the respondent No. 1 in exercise of the power conferred by Section 14-B of the Employees...contention is that the retaining allowance was not payable by the society every month and as such it did not fall within the definition of “wages”. The second contention is that the retaining allowance was...

...Section 15 of the Payment of Wages Act, 1936 (hereinafter referred to as the Act) on the allegation that they were entitled to certain amount of money as ...case of the appeallants was that in addition to the remuneration that they were getting during the working season, they were entitled to a certain amount of money as retaining allowance. They rest their...of the said Act, that notice of this order is given by publication in the official Gazette.(1) Retaining Allowance (1) The decision of the Hon'ble Supreme Court in Appeals Nos. 179-204...

...shall be made on the basic wages, dearness allowance and retaining allowance, if any.3. There is no dispute about as to how much amount is to be deducted. It is given in statute itself.... Contribution and matters which may be provided for in Schemes. - The Contribution shall be paid by the employer to the Fund shall be ten per cent of the basic wages, dearness allowance and retaining allowance (if...payable by the employer in respect of him and may, if the employee so desires, be an amount exceeding ten per cent of his basic wages, dearness allowance and retaining allowance (if any), subject to the...

...percentage of the pay (basic wages, dearness allowance, retaining allowance, if any, and cash value of food concessions admissible thereon) for the time being payable to the employees other than an..., retaining allowance, if any, and cash value of food concessions admissible thereon for the time being payable to the employee. If the contention of the appellant is accepted that as no part of the...who is otherwise not a member of the Scheme is obliged to contribute under the Scheme at the rates specified therein of the basic wages, dearness allowance including cash value of any food concession...

...crushing season and was further directed to pay 50% of the backwages and ¼ of the retaining allowance alongwith cost of Rs. 500/-.The facts leading to the filing of the writ petition is...and that he has been paid the retaining allowance of a seasonal worker and that he is working as a seasonal worker in every crushing season.Having heard the learned counsel for the...hand, the workman has not produced any documents to indicate that he was given the status of a seasonal employee under the U.P Payment of Retaining Allowance to Unskilled Seasonal Workmen of Sugar...