Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 provides a concurrent remedy to working journalists, allowing them to choose between the remedies available under the Act and the Industrial Disputes Act, 1947.

ORDER :

1. A preliminary objection raised by the Management of M/s. Andhra Printers Limited with regard to the maintainability of the application u/s 33-C(2) of the Industrial Disputes Act (hereinafter referred to as 'the I.D. Act') filed by a journalist has led to the filing of this writ petition by the Management. The Labour Court over-ruled the preliminary objection and held that Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as 'W.J. Act') does not bar a claim u/s 33-C(2) of the I.D. Act made by a working journalist.

2. The 2nd respondent in the writ petition was the applicant before the Labour Court. He was a part-time Correspondent of Andhra Jyothi daily newspaper at Warangal. The 2nd respondent who was being paid a consolidated salary had claimed before the Labour Court scales of pay, Dearness Allowance, House Rent Allowance, Variable Dearness Allowance, Bonus and wages in lieu of earned leave, for the period between 1975 and 1986. The Management (petitioner herein) apart from denying entitlement of the petitioner to the monetary benefits claimed, took the plea that the remedy of the 2nd respondent lies under the provisions of the W.J. Act but not under the I.D. Act. The Labour Court rejected this plea of the Management recording its conclusion as follows :

"In view of the decision of the Karnataka High Court reported in Newspapers and Periodicals Vs. State of Karnataka and Others, (1981) 2 KarLJ 577, in view of the use of the words "without prejudice to any other mode of recovery" in Section 17(1) of the Working Journalists Act, in view of the scope of Section 33-C(2) of I.D. Act and in view of the fact that this Court alone has to decide the dispute between the parties either in a reference made by the Government or on a petition filed by the petitioner, I am of the opinion that M.P. 115/87 filed by petitioner is maintainable. Hence this petition is dismissed."

It is against this order of the Labour Court in I.A. No. 274/87 dated November 27, 1987 that the present writ petition has been filed with a prayer to quash the order of the Labour Court.

3. The learned Counsel for the petitioner Mr. G. Ramachandra Rao has argued that the 2nd respondent being a working journalist whose conditions of service are governed by the Act, should work out the remedies under the Act because his claim falls within the purview of the Act. The learned Counsel relying upon the judgment of the Supreme Court in State of Punjab Vs. Labour Court Jullunder and Others, AIR 1979 SC 1981 has contended that the Act impliedly bars the jurisdiction of the Labour Court u/s 33-C(2) in relation to working journalists and other newspaper employees governed by the Act. The proper remedy of the journalists, according to the learned Counsel, is to move the State Government u/s 17(2) of W.J. Act to refer the question in dispute to the Labour Court and it is only after the Labour Court decides the question that the petitioner can approach the Government u/s 33-C(2) of I.D. Act for recovery of the money due as per the order of the Labour Court. The learned Counsel assailed the approach of the Labour Court in thinking that the Labour Court can decide a dispute of this nature whether it be on a reference u/s 17(2) of the W.J. Act or u/s 33-C(2) of the I.D. Act, and hence the objection raised by the Management is not one of substance. The learned Counsel for the 2nd respondent has countered the argument of the petitioner that the Labour Court cannot exercise its jurisdiction u/s 33-C(2) in the face of the remedy available to the journalist u/s 17 of the W.J. Act. The learned Counsel for the respondent submits that undisputedly the 2nd respondent comes within the definition of 'Workman' under the Industrial Disputes Act and if so, both the remedies can be availed of by the journalist-workman. The learned Counsel has also relied upon the Full Bench judgment of t