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2018 Supreme(Bom) 1083

S.C.GUPTE
D. B. Corp. Ltd. – Appellant
Versus
State of Maharashtra, Through Labour Commissioner – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Jalisatgi, a/w. Mr. Pankaj Sutar, Mr. Vishwabhushan Kamble and Mr. Rajeshwar Nawalpure, i/b. Jayakar & Partners, Mr. Pankaj Sutar, a/w. Mr. Vishwabhushan Kamble and Mr. Rajeshwar Nawalpure, i/b. Jayakar & Partners,
For the Respondent: Ms. Vaishali Nimbalkar, AGP, Mr. S.P. Pandey, i/b. Mr. H.S. Pandey

JUDGMENT :

This group of petitions concerns orders passed by Assistant Labour Commissioner, Mumbai City, in favour of working journalists and other newspaper employees for recovery of their wages and arrears. These orders are passed under Section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (“Act”).

2. The petitions raise an important question concerning the authority and power of the State Government or its delegate under Section 17(1) of the Act, whenever an application of recovery of money due to a newspaper employee is made. Considering that there are a number of petitions pending before this Court, where a similar issue has been raised, the advocates and parties appearing in person were given notice of a hearing to be held on the issue by displaying a notice on the weekly boards. Accordingly, advocates and parties appearing in the matters have been duly heard and the petitions are being disposed of by this common order.

3. Before we consider the legal issue at hand, a few salient facts from one of the petitions, as a representative case, may be noted as follows:

Writ Petition No.1821 of 2018 is filed















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