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1969 Supreme(SC) 381

SUPREME COURT OF INDIA
C.A.Vaidialingam : I.D.Dua : J.M.Shelat
Management Of Rashtradoot, Jaipur
Versus
Rajasthan Working Journalist Union, Jaipur
Case No. : 129 , 131 of 1969
Date of Decision : 9/22/69

Headnote:

Working Journalists (Conditions of Service and Miscellaneous Provisions) Rules of 1957 – Rule 37 – Constitution of India, 1950 – Article 136 – Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, XLV of 1955 – Sections 2, 20 – Working Journalist – Termination of services – Fate of these three appeals (Civil Nos. 129 to 131 of 1969) with certificate depends on the short question whether Shri Dinesh Khare is a working journalist as defined in S. 2(f) of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, XLV of 1955 – Held, Question arises, if on this state of the pleadings and evidence as discussed earlier, it can be said tlhat the conclusions of the Labour court are either perverse or based on no evidence or are otherwise tainted with such a serious legal infirmity that they should be reopened by us under Article 136 of the Constitution. – Court is unable to hold that they are. – There is legal evidence on the record both oral and documentary, on which the Labour court could lawfully base its conclusion. – Court find no justification for interfering with it. – Court do not think this explanation can be accepted as justification for raising this point without including it in. the pleadings. – As soon as the Managernent came to know of this aspect, an applicat.on should, in our opinion, have been made for amending the written statement so that basic facts could be found on proper plea, issue and evidence. – Having failed to do so it was not open to the Management to found any argument on assumption of facts which are not properly proved. – Fact that the Labour court had allowed this point to be argued before it is no ground for this court to entertain this argument at this stage. – In the final result the conclusions of Labour court must be held to be unassailable – Appeals Dismissed

I.D.DUA, J.

(1) THE fate of these three appeals (Civil Nos. 129 to 131 of 1969) with certificate depends on the short question whether Shri Dinesh Khare is a working journalist as defined in S. 2(f) of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act, XLV of 1955 (here-after called the Act).

(2) THE working journalists of the Rashtradoot, a daily newspaper submitted in May, 1965, a memorandum to Shri Hazari Lal Sharma, its proprietor, complaining, inter alia, that the interim relief awarded by the Second Wage Board of the Working Journalists had not been implemented by the Management. The Second Wage Board, it may be pointed out, had been constituted by the government of India .under the Act to revise the pay scales of the working journalists with effect from 1/05/1964. There being no satisfactory outcome of this memorandum, the matter was brought to the notice of the Labour Department and the Deputy Labour Commissioner started conciliation proceedings. During these proceedings a settlement was arrived at on 27/05/1965 which was duly registered in the register of settlement of the Labour Department. According to this settlement, the management of the newspaper had agreed to pay to all of its working journalists employees interim relief in accordance with the award of the said Wage Board. The working journalist employees apparently being satisfied with this agreement withdrew their demand notice. The Management paid interim relief under this agreement to all of its working journalists employees except Shri Dinesh Khare. According to the Management) Shri Dinesh Khare was not a working journalist. Shri Khare claimed to be entitled as working journalist to get Rs. 25.00 per month as interim relief with effect from 1/05/1964 pursuant to the award of the second Wage Board.

(3) THE question of Shri Dinesh Khares claim was then brought to the notice of the Conciliation Officer by the Working Journalists Union but without any satisfactory result. The government of Rajasthan thereupon referred the following dispute to the Labour court for adjudication :

"WHETHER Shri Dinesh Khare of Rashtradoot, Jaipur, is entitled to any interim relief given by the Second Wage Board and covered under the mutual agreement, dated 27/05/1965, between Rajasthan Working Journalists Union and Rashtradoot, Jaipur, if so. what amount is lie entitled to."

(4) IT appears that pending this reference relations between Shri Dinesh Khare and the Management of Rashtradoot did not improve on the oilier hand they became worse. Shri Dinesh Khare was charge-sheeted in January. 1967 and his services were terminated on 18/02/1967. This resulted in an application to the Labour court by Shri Dinesh Khare under S. 33-A of the Industrial Disputes Act. The Rashtradoot Working Journalists Union, it appears, did not feel happy over the action of the Management against Shri Khare and tried to persuade the Management to reinstate him. Having failed in this effort, the Union brought the matter to the notice of the Regional Assistant Labour Commissioner, Jaipur, who started conciliation proceedings. On failure of these proceedings the government of Rajasthan referred the following dispute for adjudu ation to the Labour court :

"WHELHER termination of the services of Shri Dinesh Khare, Editor, Rashtiadoot, Jaipur (represented by the Rajasthan Working Journalists Union, Jaipur by the Managina; Editor, Rashtiadoot, Jaipur, is valid and jlistifed ? "

(5) TILE award denling with these three matters had given rise to the three appeals before us by the Management of Rashtradoot.

(6) THE Labour court after an exhaustive discussion of the evidence, both oral and documentary. produced before it, came to the conclusin that Shri Dinesh Khare was a working journalist within the definlilon contained in S. 2 (f) of the Act and that he was. therefore, entitled to all the henefits accruing thereunder.

(7)































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