Section 29: Payment of bonus out of allocable surplus

The Code on Wages, 2019 (Act No. 29 of 2019) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter IV: Payment of Bonus
Competent Labour Forum
Act No. 29 of 2019

Legal Commentary & Landmark Judgments: Section 29

Section 29 governs the disbursement of bonus out of allocable surplus, mandating that the bonus payable to eligible employees shall be paid out of the allocable surplus computed in accordance with the Code, subject to the statutory minimum of 8.33% and maximum of 20% of wages earned during the accounting year.

  • Payment Anchored in Allocable Surplus: Section 29(1) directs that annual bonus must be disbursed strictly out of allocable surplus (67% of available surplus for non-banking companies; 60% for banking companies).
  • Proportionate Distribution Mechanism: Where allocable surplus exceeds the minimum bonus amount, bonus must be distributed in proportion to the wages earned by each employee during the accounting year, scaling up to the 20% ceiling.
  • Primacy of the 8.33% Floor: Reiterates that the inability of allocable surplus to cover minimum bonus does not absolve the employer from the statutory duty to disburse 8.33% bonus, with the resulting deficit carried forward under Section 34 set-off.
Key Landmark Precedents:
  • Jalan Trading Co. (P) Ltd. v. Mill Mazdoor Sabha (1967) 1 SCR 15: The Supreme Court upheld the legislative structure of distributing bonus out of allocable surplus within an 8.33% to 20% band as a rational statutory scheme to prevent recurring industrial disputes over profit sharing.
  • Hamdard Dawakhana Wakf v. Union of India (1979) 2 SCC 66: The Supreme Court held that allocable surplus must be computed strictly in accordance with statutory schedules and audited financial records, holding that neither employers nor tribunals can alter statutory allocation percentages.
Courtroom Practice & Strategic Litigation Guidance:

In conciliation and tribunal proceedings, employers must present certified Form A and B bonus computation registers showing the exact calculation of allocable surplus. If the allocable surplus yields an entitlement between 8.33% and 20%, the employer is legally obligated to disburse that higher percentage; arbitrarily capping bonus at 8.33% while retaining allocable surplus violates Section 29 and attracts recovery under Section 45.