Karnataka High Court
Schneider Electric Employees Union vs The Management Of on 25 April, 2018
Bench: Chief Justice, P.S.Dinesh Kumar
W.A.No.614/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT APPEAL NO.614 OF 2018 (L-RES)
BETWEEN:
SCHNEIDER ELECTRIC EMPLOYEES UNION
C/O TRADE UNIONS OFFICE
NO.138, GROUND FLOOR
9TH CROSS, 4TH MAIN
CHAMARAJPET, BENGALURU-560 018
(EARLIER KNOWN AS)
A.P.C EMPLOYEES UNION
A.P.C-AMERICAN POWER CONVERSION INDIA
PVT. LTD., REPRESENTED BY
SRI ROHITHASHWA
AGED ABOUT 37 YEARS
GENERAL SECRETARY ... APPELLANT
(BY SRI.T.S.ANANTHRAM, ADVOCATE)
AND:
1. THE MANAGEMENT OF
M/S SCHNEIDER ELECTRIC
IT BUSINESS INDIA PVT LTD
NO.187/3 & 188/3, JIGANI INDUSTRIAL AREA
APC CIRCLE, JIGANI, BANGALORE-560 106
NOW CHANGED AS 560 105
REPRESENTED BY ITS GENERAL MANAGER HR
SRI K.N.PRASAD
W.A.No.614/2018
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2. THE DEPUTY LABOUR COMMISSIONER
DIVISION-2, KARMIKA BHAVANA
BANNERUGHATTA ROAD
BENGALURU-560 029 ... RESPONDENTS
(BY SRI. SOMASHEKAR, ADVOCATE FOR R1;
SRI.VIKRAM HUILGOL, HCGP FOR R2)
---
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER
OF THE LEARNED SINGLE JUDGE DATED 15/12/2017 PASSED
IN WRIT PETITION NO.36405/2017 BY DISMISSING THE WRIT
PETITION NO.36405/2017 FILED BY THE 1ST RESPONDENT
COMPANY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
A short delay of four days in filing this appeal has not been opposed, and rightly so, by the learned counsel for the respondents.
Having regard to the submissions made, delay of four days in filing the appeal is condoned. The application-
I.A.No.2/2018 stands disposed of.
Learned counsel for the parties submit ad idem that the parties have since settled the matter; and the terms of settlement are reduced in writing in a joint memo dated 06.04.2018 attached to the memo presented before the Court.
The terms of the settlement read as under:
W.A.No.614/2018 -3-"TERMS OF SETTLEMENT
1) The workmen covered under this settlement will be given all the benefits of the settlement for the 2014-15. The workmen have agreed to this and have agreed to receive the benefits in full and final settlement of all their claims against the management with regard to increase in wages and other benefits for the period 01.04.2014 to 31.03.2015.
2) The workmen covered under this settlement will be given all the benefits of the settlement for the years 2015-18, except the WESOP option which is clause 7.1 of the settlement signed by the individual employees.
The workmen have agreed to this and have agreed to receive the benefits in full and final settlement of all their claims against the management with regard to increase in wages and other benefits for the period 01.04.2015 to 31.03.2018.
3) In view of the workmen covered under this settlement accepting the benefits of settlement for the year 2014-15 and 2015-18 (three years) in terms of the wage settlement (2-p) which were signed by the majority of workmen. The management has made it clear that all demands and claims made by the workmen in their charter of demands dated 11.03.2014, 09.02.2015, 30.03.2016 and 30.03.2017 submitted by the workmen through their union shall be deemed to have been fully settled. The benefits that the workmen would get under the settlements for the years 2014-15 and 2015-18 are in complete satisfaction of all the demands made by the union through their charter of demands dated 11.03.2014, 09.02.2015, 30.03.2016 and 30.03.2017, which are all pending adjudication before the Additional W.A.No.614/2018 -4- Industrial Tribunal, Bengaluru. It is made clear that the workmen covered under this settlement will not be eligible/entitled to WESOP option for the years 2015, 2016 and 2017 since the window for taking WESOP is closed. It also will not be above to extend the Salary Advance for the year 2014-15, Interest free advance for the year 2015- 18 since, the period is lapsed which the representatives of the workmen understood and appreciated.
4) All cases relating to, and connected with, charter of demands filed by the union and the management, details of which are given hereunder shall be got closed unconditionally by the workmen and the management. For this purpose, a joint memo of this settlement shall be filed in each of the following cases with a request to the court to dispose of the matter in terms of this settlement.
Sl. Case No. Court Name of Name of Case in Brief
No Petitioner Respondent
1 WA- High Court Management APC Union Appeal against
5101/2016 of Karnataka the order of
Single Judge
before the
Hon'ble Division
Bench in the
matter of interim
relief for COD-
2015-16
2 WA High Court Management Labour Appeal against
536/2016 of Karnataka Secretary and the order of
APC Union Single Judge
before the
Hon'ble Division
Bench in the
matter of COD-
2014-15
3 WP High Court Management APC Union Against the order
40587/2017 of Karnataka of ADLC for
prosecuting the
Management for
not adhering to
the orders of the
Tribunal for
payment of
Interim relief
W.A.No.614/2018
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4 WP High Court APC Union Management Challenging the
4672/2018 of Karnataka order of AIT on
rejection of the
striking off the
defence of the
Management
5 WA High Court APC Union Management Challenging the
No.614/2018 of Karnataka order of Single
Judge of High
Court on Interim
Relief matter -
Single Judge
allowed the WP
since the union
cannot recover
the money under
Section 33 (C)
(1) of the ID Act.
6 WP High Court Management AG, Govt of Challenging the
41897/2017 of Karnataka Karnataka points of
reference. - COD
2016-17
7 WP High Court Management AG, Govt of Challenging the
41899/2017 of Karnataka Karnataka points of
reference. -
Allegations of
forced to sign
settlement
8 WP High Court Management AG, Govt of Challenging the
41900/2017 of Karnataka Karnataka points of
reference. -
Benefit extended
to the employee
who sign the
settlement
9 AID 12/2016 Additional American M/s. COD- 2014-15
(ID 245/2014) Industrial Power Schneider has been
Tribunal Conversion Electric IT referred to
(Industrial (P) Ltd Union Business Industrial
Tribunal) (India) Pvt. Ltd Tribunal for
Adjudication on
14.08.2014.
Industrial
Tribunal taken up
the case
10 AID 20/2015 Addl. APC Union Management Payment of
Industrial performance
Tribunal bonus with 12%
interest to the
workmen who
have not signed
the individual
settlement.
W.A.No.614/2018
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11 AID 38/2015 Addl. APC Union Management COD for the year
Industrial 2015-16 matter
Tribunal has been
referred to
Industrial
Tribunal for
Adjudication
12 AID 1/2017 Addl. APC Union Management COD for the year
Industrial 2016-17 matter
Tribunal has been
referred to
Industrial
Tribunal for
Adjudication
13 ID 59/2015 Addl. APC Union Management Advance salary
AID. 10/16 Industrial and other
Tribunal facilities to the
workmen
14 AID.23/2016 Addl. APC Union Management Change of
Industrial service
Tribunal conditions -
Service Benefit.
Is it right on the
part of the
management to
pressurize the
employees to
sign 2p
settlement under
section 18(1)
instead of 12(3)
settlement.
15 AID 29/2016 Addl. Yes (sic) Management Discrimination of
Industrial wage for not
Tribunal signing the
settlement
16 AID 3/2017 Addl. APC Union Management Non-Extension of
Industrial benefit for those
Tribunal who have not
sign the
settlement.
17 PTN/CR - DLC, APC Union Management Bonus for the
19/2017 Region - 2 year 2016-17
18 IDA CR DLC, APC Union Management COD 2017-18 -
2/2017 Region - 2 Failure report
sent to
Government
5) The union has made an application
under section 33 C(1) of the Industrial Dispute Act, 1947 for certificate to recover a sum of Rs.2,44,75,000/- which according to the union is W.A.No.614/2018 -7- an amount payable to the workmen under Interim Relief order granted by the Additional Industrial Tribunal in AID No.38/2015. The Deputy Labour Commissioner, Region-II issued the certificate to recover a sum of Rs.2,44,75,000/- as arrear of Land revenue and the same came to be challenged before the Hon'ble High Court of Karnataka by the Management. The Hon'ble High Court of Karnataka vide order dated 15.12.2017 passed in Writ Petition No. 36405/2017 quashed the revenue recovery certificate dated 01.08.2017 issued by the Deputy Labor Commissioner, Region-II. As against this Writ Appeal No.614/2018 is filed by the Union. The workmen agree to withdraw the Writ Appeal in view of the fact that the benefits payable under this settlement includes the amount in the revenue recovery certificate. With this, it is understood that the workmen shall not seek enforcement of any order for recovery of Interim Relief payment.
6) A copy of this settlement shall be filed in all the disputes pending before the Hon'ble High Court of Karnataka, Additional Industrial Tribunal or Conciliation Officer and or any other court with a request to the court to pass an award/order in terms of the settlement.
7) A copy of the settlement shall be filed in the cases detailed in para-4 above pending before the Hon'ble High Court of Karnataka, the Additional Industrial Tribunal, Bangalore and the court/Tribunal be prayed to dispose of the petitions/appeals/cases in terms of this settlement.
8) Payment of the arrear amount agreed to under this settlement will be made to the workmen within 4 weeks from the settlement of the last industrial dispute / court case referred W.A.No.614/2018 -8- to in para-4 above. The calculation of arrear amount will be worked out considering attendance of the workmen.
9) The names of the 174 workmen to whom this settlement would be applicable are detailed in Annexure-1 to this memorandum of settlement.
In view of the above settlement, the First party Union and Second Party Management humbly pray this Hon'ble tribunal to pass award in terms of this joint memo, in the interest of justice and equity."
The learned counsel for the parties submit that the aforesaid terms of settlement are acceptable to both the parties and this appeal may be disposed of in terms thereof.
On the submissions made by the learned counsel for the parties and having regard to the terms of settlement whereby the parties seek a final conclusion of all their pending litigations in a lawful manner, we are satisfied that the writ appeal deserves to be disposed of as per the settlement of the parties.
Accordingly, this writ appeal stands disposed of in terms of the aforesaid joint memo dated 06.04.2018.
W.A.No.614/2018 -9-The pending interlocutory application also stands disposed of.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Yn.