SIEMENS LIMITED Vs. ALL INDIA SIEMENS EMPLOYEES UNION

JUDGEMENT

(1.) THE present proceedings in writ petition under Article 226 of the Constitution of India arise out of an order of the Industrial Tribunal dated 18th April, 2001. The order of the Industrial Tribunal arose out of a complaint, being complaint ULP No. 1160/1999, filed under Items 5, 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

(2.) THE principal issues which arose before the Industrial Tribunal were in regard to a settlement dated 26th May, 1998 in so far it relates to (1) An Incentive Scheme; and (2) The conduct and management of a Canteen facility. In so far the incentive scheme is concerned, the Tribunal by its impugned order has directed the petitioner to implement Clause 4. 6 of the settlement and to review the Incentive scheme after discussing the issue with the Complainant Union.

(3.) THE contention of the management before the Industrial Tribunal was that under Clause 4. 2 of the settlement the incentive scheme was provided for in order to achieve and enhance productivity by offering an incentive to the employees. The bone of contention between the parties was in relation to the following clause in Annexure E to the settlement which deals with the revision of the scheme :