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2018 Supreme(Bom) 2051

S.C.GUPTE
SHREE AMBIKA PRINTERS AND PUBLICATIONS – Appellant
Versus
BHARATI UMESH KOTIYAN – Respondent


Advocates Appeared:
Meelan Topkar, Adv., Pavitra Manesh, Adv., Umesh Sharma, Adv., Agnel Carneiro, Adv., Mangesh Chavan, Adv.

JUDGMENT/ORDER :

S.C. Gupte, J.

Heard learned Counsel for the parties. Rule. Rule taken up for hearing forthwith by consent of Counsel.

2. This petition challenges an order passed by the Labour Court at Bandra, Mumbai, in a reference made to it by the State Government under Section 17(2) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ("Act"). The impugned order is passed on a miscellaneous application made in the reference (Exhibit C7). The dispute between the parties concerned amounts due under the Act to the second party journalists from their employer, the first party newspaper establishment.

The reference was opposed by the newspaper establishment (the Petitioner herein) on various grounds, including some grounds, which bore on the jurisdiction of the Labour Court to entertain the reference. The case of the establishment was that the matters reflected in the reference order involved classification of the newspaper establishment as per Majithia Award, by which the emoluments payable to journalists and other newspaper employees of the establishment were governed. Majithia Award classifies newspaper establishment
















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