V VENUGOPAL Vs. SIEMENS LIMITED

JUDGEMENT

(1.) In the complaint filed by V. Venugopal on his own behalf and on behalf of 11 other employees under item nos.5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short "MRTU & PULP Act, 1971"), the Industrial Court by its order dated 4.7.2001 directed Siemens Limited (for short the "employer") to pay pension at the rate of Rs.188/- per month from the date the said 12 employees attained the age of 60 years. The employees challenged the order of the Industrial Court dated 4.7.2001 by filing the Writ Petition before this Court. The learned single Judge held that the employees were not entitled to pension under the scheme entitled "Siemens Employees Superannuation Fund" and, consequently, by judgement dated 24.4.2003, set aside the order of the Industrial Court dated 4.7.2001. The judgement of the learned single Judge is impugned by the employees in this appeal.

(2.) The following facts are not in dispute:-

(3.) The question that arises for consideration by us in this appeal is whether, in the back drop of the admitted afore-noted facts, the employees are entitled to the benefit of the pension scheme (superannuation fund).