12
Provided further that any such application may be entertained after the expiry of the said period
of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not
making the application within the said period.
Explanation—In this section and in
[sections 22, 23, 24 and 25], “employee” includes a person
who is entitled to the payment of bonus under this Act but who is no longer in employment.
22. Reference of disputes under the Act.—Where any dispute arises between an employer
and his employees with respect to the bonus payable under this Act or with respect to the application
of this Act to an establishment in public sector, then, such dispute shall be deemed to be an industrial
dispute within the meaning of the Industrial Disputes Act, 1947 (14 of 1947), or of any corresponding
law relating to investigation and settlement of industrial disputes in force in a State and the provisions
of that Act or, as the case may be, such law, shall, save as otherwise expressly provided, apply
accordingly.
23. Presumption about accuracy of balance-sheet and profit and loss account of
corporations and companies.—(1) Where, during the course of proceedings before any arbitrator or
Tribunal under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law
relating to investigation and settlement of industrial disputes in force in a State (hereinafter in this
section
[and in
[sections 24 and 25] referred to as the “said authority”) to which any dispute of the
nature specified in section 22 has been referred, the balance-sheet and the profit and loss account of
an employer, being a corporation or a company (other than a banking company), duly audited by the
Comptroller and Auditor-General of India or by auditors duly qualified to act as auditors of
companies under sub-section (1) of section 226 of the Companies Act, 1956 (1 of 1956), are produced
before it, then, the said authority may presume the statements and particulars contained in such
balance-sheet and profit and loss account to be accurate and it shall not be necessary for the
corporation or the company to prove the accuracy of such statements and particulars by the filing of
an affidavit or by any other mode:
Provided that where the said authority is satisfied that the statement and particulars contained in
the balance-sheet or the profit and loss account of the corporation or the company are not accurate, it
may take such steps as it thinks necessary to find out the accuracy of such statements and particulars.
(2) When an application is made to the said authority by any trade union being a party to the
dispute or where there is no trade union, by the employees being a party to the dispute, requiring any
clarification relating to any item in the balance-sheet or the profit and loss account, it may, after
satisfying itself that such clarification is necessary, by order, direct the corporation or, as the case may
be, the company, to furnish to the trade union or the employees such clarification within such time as
may be specified in the direction and the corporation or, as the case may be, the company, shall
comply with such direction.
[24. Audited accounts of banking companies not to be questioned.—(1) Where any dispute of
the nature specified in section 22 between an employer, being a banking company, and its employees
has been referred to the said authority under that section and during the course of proceedings the
accounts of the banking company duly audited are produced before it, the said authority shall not
permit any trade union or employees to question the correctness of such accounts, but the trade union
or the employees may be permitted to obtain from the banking company such information as is
necessary for verifying the amount of bonus due under this Act.
(2) Nothing contained in sub-section (1) shall enable the trade union on the employees to obtain
any information which the banking company is not compelled to furnish under the provisions of
section 34A of the Banking Regulation Act, 1949 (10 of 1949).]
25. Audit of accounts of employers, not being corporations or companies.—(1) Where any
dispute of the nature specified in section 22 between an employer, not being a corporation or a
company, and his employees has been referred to the said authority under that section and the
1. Subs. by Act 66 of 1980, s. 12, for “sections 22, 23 and 25” (w.e.f. 21-8-1980).
2. Subs. by Act 23 of 1976, s. 16, for “and in sections 24 and 25” (w.e.f. 25-9-1975).
3. Subs. by Act 66 of 1980, s. 13, for “section 25” (w.e.f. 21-8-1980).
4. Ins. by s. 14, ibid. (w.e.f. 21-8-1980).