IMPORTANT POINTS
Only willful disobedience makes one guilty of contempt.
Involuntary nature of the undertakings allegedly furnished by employees has to be resolved by the fact finding authority u/s 17.
Wages notified u/s 12 are non-negotiable.
No distinction is made either in the Act or the Award between regular employees and contractual employees.
Variable pay is incorporated in the Award.
Heavy cash losses are different from mere financial difficulties. Such losses, apart from the extent of being crippling in nature, must be consistent over the period of time stipulated in the Award.
Matters relatable to service conditions seeking interference with transfer/termination cannot be raised under Article 32.

Headnote:(a) Contempt of Courts Act, 1971 – Section 12 r/w section 2(b) – Non-implementation or partial implementation of Majthia Wage Board Award – Stemming from understanding of the Award by different Newspaper establishments in a particular manner – Held, not willful disobedience of Court Orders – Not liable for contempt. (Para 22)
       (1999) 7 SCC 569; (2003) 11 SCC 1; (2008) 14 SCC 115; (2002) 5 SCC 352; (2006) 1 SCC 613; (2008) 5 SCC 339; (2001) 7 SCC 530; (2013) 10 SCC 248; (2014) 3 SCC 373 – Relied upon
       (b) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 – Section 16 and 17 – Involuntary nature of the undertakings allegedly furnished by employees – Has to be resolved by the fact finding authority. (Para 24)
       (c) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 – Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 – Section 12 – Wages notified – Held non-negotiable. (Para 25)
       AIR 1955 SC 33 – Relied upon
       (d) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 – Section 2(c), 2(f) and 2(dd) and Majithia Wage Board Award – No distinction made either in the Act or the Award between regular employees and contractual employees – Variable pay, held, incorporated in then Award – Heavy cash losses different from mere financial difficulties – Such losses, apart from the extent of being crippling in nature, must be consistent over the period of time stipulated in the Award – A question of fact to be decided on case to case basis u/s 17. (Para 26)
       (e) Constitution of India – Article 32 – Writ petitions seeking interference with transfer/termination – Matters relatable to service conditions – Cannot be raised under Article 32 – Should be determined by appropriate authority either under the Act or under cognate provisions of law like Industrial Disputes Act, 1947 etc. (Para 28)
       Facts of the case:
       Alleging that wages and allowances as per the Award of the Majithia Wage Board, duly approved and notified by the Central Government, have not been paid, the present contempt petitions (numbering 83) have been filed. Three(3) writ petitions under Article 32 of the Constitution, i.e., Writ Petition Nos. 998 of 2016, 148 of 2017 and 299 of 2017 have also been filed alleging arbitrary transfer and termination/retrenchment of the concerned journalists and employees, who claim to have demanded due implementation of the Majithia Wage Board Award.
       Certain clarifications on the Majithia Wage Board Award are sought in these petitions by the contemnors.
       This contempt petition arises out of the judgment dated 07.02.2014 passed in Writ Petition No. 246 of 2011.
       Finding of the Court:
       The Newspaper establishments are not guilty of contempt.
       Result: Petitions disposed of.

JUDGMENT :

RANJAN GOGOI, J.

1. The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter for short ‘the Act’) was enacted to regulate the conditions of service of working journalists and other persons employed in newspaper establishments throughout the country. The Act is a comprehensive piece of legislation dealing with, inter alia, entitlement to gratuity, hours of work, leave as well as fixation of wages payable both to the working journalists and non-journalist newspaper employees, as may be. So far as fixation and revision of wages is concerned, Section 9 of the Act has left such fixation or revision of wages in respect of working journalists to be dealt with by a Wage Board constituted thereunder. The recommendations of the Wage Board, if accepted, are to be notified by the Central Government under Section 12 of the Act. Section 13 of the Act provides that upon coming into operation of the Order of the Central Government under Section 12 every working journalist will be entitled to be paid wages at the rate not less than what is specified in the Order. Chapter IIA of the Act contains pari materia provisions with regard to non-journalist employees of newspaper establishments.

2. Section 16 of the Act provides that the provisions thereof “shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act.”

The proviso to Sub-section (1) of Section 16 and Sub-section (2) would require a specific notice and are, therefore, being extracted below.

Proviso to Sub-Section (1) Section 16

“Provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.

Sub-Section 2 of Section 16

(2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act.”

3. Section 16A imposes an embargo on the employer for discharging or dismissing any employee “by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under section 12, or under section 12 read with section 13AA or section 13DD”.

4. Section 17 of the Act deals with recovery of money due from an employer. As a core issue on the maintainability of the present contempt cases centers around the remedy provided for by the aforesaid provision of the Act, Section 17 of the Act may be set out hereunder.

“17.(1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue.

(2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it unde

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