Case Note & Summary
The case involves an appeal by 12 employees of Siemens Limited against a judgment of a single Judge of the Bombay High Court dated 24.4.2003, which set aside an order of the Industrial Court dated 4.7.2001. The Industrial Court had directed the employer to pay pension at the rate of Rs.188 per month to the employees from the date they attained the age of 60 years. The employees had filed a complaint under item nos.5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU & PULP Act, 1971). The undisputed facts are that the pension scheme 'Siemens Employees' Superannuation Fund' came into force on 1.10.1992. All 12 employees resigned by agreement/consent of the employer between May 1994 and November 1995. None of the employees had completed five years of service after the scheme's introduction. The legal issue was whether the employees were entitled to pension under the scheme. The learned single Judge held that they were not entitled to pension and set aside the Industrial Court's order. The Division Bench, in appeal, upheld the single Judge's decision, finding that the employees did not meet the eligibility condition of five years' service after the scheme's commencement. The appeal was dismissed with no order as to costs.
Headnote
A) Pension Law - Eligibility for Pension - Completion of Qualifying Service - The pension scheme 'Siemens Employees' Superannuation Fund' came into force on 1.10.1992. The scheme required completion of five years of service after its introduction for eligibility. All 12 employees resigned between May 1994 and November 1995, none having completed five years. The Industrial Court had directed payment of pension at Rs.188 per month, but the High Court held that the employees were not entitled to pension as they did not fulfill the eligibility condition of five years' service after the scheme's commencement. The appeal was dismissed. (Paras 1-3)
Issue of Consideration
Whether the 12 employees who resigned between May 1994 and November 1995 are entitled to pension under the Siemens Employees' Superannuation Fund Scheme which came into force on 1.10.1992, given that none of them completed five years of service after the scheme's introduction.
Final Decision
The appeal is dismissed. The judgment of the learned single Judge dated 24.4.2003 is upheld. No order as to costs.
Law Points
- Pension scheme interpretation
- Eligibility conditions
- Voluntary resignation
- Completion of qualifying service
- Industrial Court jurisdiction
- Unfair labour practice
