ORDER :

1. Since a common question of law and facts is involved in these petitions, therefore, they are clubbed together, heard together and decided finally by this common order.

2. Facts of the present case are as follows:-

A. The petitioner is a newspaper establishment situated in Raipur, engaged in the printing and publishing of newspapers in the name and style of ‘Naidunyia’. It is a unit of Jagran Prakashan Limited (hereinafter referred to as “JPL.").

B. The effective date of demerger of Nai Duniya is 01.04.2012. The petitioner is governed by provisions of Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as “Act of 1955”).

C. Under the provisions of the Act of 1955, the Central Government constituted a Wage Board in the name of Majithia Wage Board (hereinafter referred to as “Wage Board”), which made its recommendation to fix/revise rates of wages for Working Journalists and Other Newspaper Employees in the newspaper establishments. The judgments regarding the demerger were passed by the High Court of Madhya Pradesh, (Indore Bench) in Company Petition No. 24 of 2012 decided on 16.01.2013 and by the High Court of Allahabad in Company Petition No. 30 of 2012 delivered on 29.01.2013.

D. The scheme of arrangement between Nai Duniya and JPL was filed in Company Petition No. 24 of 2012 before the High Court of Madhya Pradesh Bench at Indore.

E. The petitioner took liability and assets into account in the audited balance sheet for the financial year ending on 31.03.2012 and the same was approved by the High Court of Allahabad.

F. The recommendation of the Wage Board was accepted by the Central Government on 25.10.2011 and notified vide S.O. No. 2532 (E) dated 11.11.2011 in the Gazette of India.

G. Section 13 (A) of the Act of 1955 deals with the “Power of Government to fix interim rates of wages”. The notification remained in force until the order of the Central Government under Section 12 of the Act of 1955 came into operation.

H. According to the scheme of the arrangement annexed to the judgment passed by the High Court of Allahabad, the petitioner had to provide employment to all existing employees of the company on the same terms and conditions.

I. On the date of acceptance of the recommendation of the Wage Board, the petitioner was the owner of the newspaper establishment at Raipur. The respondents claim to be employees of the Nai Duniya, Raipur newspaper establishment and further claim to be eligible for the revised grade in accordance with the recommendation of the Wage Board. They moved an application under Section 17 (1) of the Act of 1955 before the Labour Commissioner, Raipur for the recovery of arrears of un-deducted and unsettled amounts, and difference of wages as per the Wage Board recommendations.

J. It is claimed in the applications that the Nai Duniya is a Class-I category newspaper as per the claim sheet. They claimed the amount for a certain period and the respondents enclosed Form-C along with the calculation sheet.

K. The Labour Commissioner issued notice to the petitioner and thereafter the reply was filed.

L. The Petitioner stated in the reply that the respondents are not entitled to claim any amount on the strength of the Wage Board’s recommendation and their claims are contrary to the provisions of the Act and Rules.

M. The learned Labour Commissioner, Raipur commenced the conciliation proceedings and thereafter the failure report under Section 12(4) of the Industrial Disputes Act, 1947 was submitted to the Secretary, Government of Chhattisgarh, Raipur.

N. Under Secretary to the Labour Department referred the dispute of entitlement of amount and all the claims of the respondents under Section 17(2) of the Act of 1955 and Sections 10 (1)(C) & 12(5) of the Industrial Disputes Act, 1947.

O. The learned Labour Court, Raipur on receipt of the reference of Under Secretary registered the matter as a reference case No. 82/Re