IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 23132 of 2010 Date of Decision: 23.12.2010. Ramesh Chander and others --Petitioners Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. Amit Khatkar, Advocate for the petitioners. *** PERMOD KOHLI.J (ORAL) The petitioners are working in the Haryana State Cooperative Supply and Marketing Federation Ltd. They are getting bonus under the Payment of Bonus Act, 1965. The State Govt. vide circular dated 3.8.2010 introduced grant of performance award for the year 2007-08 to the regular HAFED employees @ 15% of salary i.e. Basic Pay+ Dearness Pay+D.A subject to the fulfillment of the conditions. One of the condition at Sr. No. 7 reads as under:- “7. The employees who have been paid bonus under the Payment of Bonus Act will be paid the performance award after adjusting the bonus already paid to them.” The petitioners have challenged this condition. It is stated that this condition is discriminatory in nature and deprives the eligible employees of the HAFED the benefit of circular without any lawful and valid ground. According to learned counsel all the HAFED employees are being paid bonus @ 15% of the gross salary but in case of the employees who are getting the bonus, the bonus is being adjusted. Petitioners have also served a legal notice (Annexure P-4) which has been replied vide CWP. No. 23132 of 2010 -2- Annexure P-5. It is stated that the bonus is being paid to the eligible employees under the provisions of the Payment of Bonus Act and as such no loss is being caused to any employee. I have heard learned counsel for the petitioner. The performance award has been introduced by Circular dated 3.8.2010 and those employees of HAFED have been given performance award who fulfill conditions laid down therein. Condition no.7 is applicable to those employees who are getting bonus under the Bonus Act. Such of the employees who are not eligible for bouns are given 15% of the performance award. The grievance of the petitioners is that they are being discriminated as against those employees who are getting 15% of the performance award amount. From the impugned circular it appears that 15% performance award is meant for such of the employees who are not eligible for payment of bonus. They constitute a class apart. Thus, the petitioners are given the benefit of performance award but after the adjustment of bonus amount as they are already getting statutory bonus which is not being paid to those employees, who are not eligible under the Payment of Bonus Act. I do not find that the Condition No.7 is discriminatory in any manner no loss is being caused to the petitioners as their gross amount is equal to those employees who are getting 15% of the performance award. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 23.12.2010. lucky