The appellant transacts its business mainly through Primary Banks which are its members.
The respondent No.
1 union raised a demand stating that it is entitled to bonus at the rate applicable to employees of the Apex Bank.
Accepting the writ petition field by respondent No.
Staff of the Primary Banks except class IV employees are drawn from the Apex Bank out of the cadre maintained by it in terms of Clause 70 of the model by laws applicable to the Primary Banks.
The pivotal issue involved in this appeal relates to the question as to whether the employees working with Primary Agricultural Cooperative Banks in short Primary Bank are entitled to bonus at the same rate at which it was paid to employees working in the Apex Bank also described as State Bank i.e. The Haryana State Cooperative Land Development Bank Limited.
The claim was resisted by the Primary Banks on the ground that they are separate entities with separate Balance Sheet and Profit and Loss accounts and have a distinct companyperative and companyporate identity under the Act and, therefore, is number required to pay bonus at the same rate as the employees of the Apex Bank in terms of Payment of Bonus Act, 1965 in short the Act .
Arijit Pasayat, J. Delay companydoned.
Leave granted.
The members of the Apex Bank belonging to the area of operation of the particular Primary Bank automatically become members of the companycerned Primary Bank from the date of registration.
