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High Court Of Calcutta
P. K. MAJMUDAR
ANANDA BAZAR PATRIKA LTD. - Appellant
Versus
UNION OF INDIA (UOI) - Respondent
Matter 1184 Of 1986
Decided On : 04/15/1988
{'KEYWORD': 'INTERIM WAGES', 'SUBJECT': 'FIXATION OF INTERIM WAGES', 'ACT SECTION LIST': ['SECTION 9', 'SECTION 10', 'SECTION 12', 'SECTION 13a']}
Fact of the Case:
The Central Government fixed interim rates of wages for working journalists and non-journalists at 15% of the existing basic wages subject to a minimum of Rs. 90/- per month, after consultation with the Wage Board. The petitioners, a newspaper establishment and its director, challenged the notifications issued by the Central Government, arguing that the fixation of interim rates was arbitrary and without any rational basis.
Finding of the Court:
The court held that the fixation of interim rates of wages under Section 13a of the Act is a temporary measure subject to the final recommendation of the Wage Board and the final decision of the Central Government. The court found that the impugned notifications were not final decisions as to the fixation of rates of wages and that the parties would have adequate opportunities to be heard before the Wage Board and the Central Government.
Issues: ["Whether the Central Government's fixation of interim rates of wages was arbitrary and without any rational basis.", 'Whether the Central Government was required to give a hearing to the parties affected before fixing the interim rates of wages.', 'Whether the Central Government was required to conform to the procedure prescribed in Section 12 of the Act in fixing the interim rates of wages.']
Ratio Decidendi: The court held that Section 13a of the Act contemplates the fixation of interim rates of wages by way of interim measure and does not require the elaborate procedure prescribed in Section 12 of the Act. The court found that the impugned notifications were not final decisions as to the fixation of rates of wages and that the parties would have adequate opportunities to be heard before the Wage Board and the Central Government.
Final Decision: The court dismissed the writ petition, holding that there was no reason to interfere with the impugned orders and that the petitioners were not entitled to any relief.
( 1 ) BY this writ application the petitioners have challenged two Notifications issued by the Government of India, one SO No. 312 (E) dated 30th May, 1986 and the other being SO No. 313 (E) also dated 30th May, 1986. By the notification No. 312 (E) dated 30th May, 1986 issued in exercise of powers conferred by Sub-section (1) of Section 13 -A of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) (hereinafter referred to as the said Act) the Central Government after consultation with the Wage Board has fixed the interim rates of wages in respect of working journalists at the rate of 15% of the existing basic wages subject to a minimum of Rs. 90/- per month. The said interim rates of wages shall be effective from 1st June, 1986.
( 2 ) BY another similar notification being SO No. 313 (E) dated 30th May, 1986 the Central Government has fixed the interim rates of wages in respect of Non-Journalists Newspaper Employees at the rate of 15% of the basic wages subject to the minimum of Rs. 90/ - per month.
( 3 ) THE petitioner No. 1 is the well-known newspaper establishment carrying on business at Calcutta. The petitioner No. 2 is the Director of the petitioner No. 1.
( 4 ) THE Central Government by notification being SO 527 (E) dated 17th July, 1985, issued in the exercise of powers under Section 9 of the Act, constituted a Wage Board for the purpose of fixation and revising the rates of wages in respect of working journalists. By another similar notification bearing the same date i. e. 17th July, 1985 being SO No. 528 (E) the Central Government constituted Wage Board for the purpose of fixing or revising the rates of wages in respect of non-journalists newspaper employees.
( 5 ) THE Government of India received certain representations from various associations of newspaper employees requesting for immediate grant of interim relief. There was a claim for interim relief ranging from Rs. 200/- per month to Rs. 400/ - per month. In view of such overwhelming demand for such interim relief from the various association of newspapers employees, the Central Government was of opinion that the question of granting such relief may be examined and the recommendations of the Wage Board may be made available to the Government in accordance with the provisions of Sections 13aand 13dof the said Act.
( 6 ) BY a communication dated 29th August, 1985 the Chairman of the Wage Board was informed of such representation and the desire of the Central Government for consideration of granting some interim reliefs.
( 7 ) BY the said impugned notifications as aforesaid, the Central Government in consultation with the Wage Board fixed the interim rates of wages at the rate of 15% of the existing basicwages subject to a minimum of Rs. 90/- per month in respect of both working journalists and non-journalists.
( 8 ) EACH of the said two notifications, inter alia, provided that (i) the interim relief shall be taken as part of the basic wages for all purposes including determination of admissible benefits such as contribution to provident fund, Employees State Insurance, gratuity, bonus, etc. (ii) where any newspaper establishment had, either as a result of negotiation with its employees or otherwise, agreed to pay interim relief to Working Journalists and non-journalists newspaper employees employed as such in or in relation to such newspaper establishment, and such interim relief is related to the basic wages or to the dearness allowance, it shall be permissible to adjust the amount of such relief against increases in the rates of wages made above, and (iii) provided that where the interim relief agreed to be paid by any newspaper establishment, in respect of any employee is in excess of the increases in the rates of wages made above, such interim relief agreed to by the newspaper establishment shall continue to be paid (i. e. shall not be reduced) in res
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