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DEVASHIS BARUAH
Janasadharan Printing and Publishers (P) Ltd. – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. D. Das, learned Senior Counsel assisted by Mr. D. Choudhury learned counsel appearing on behalf of the petitioners. Mr. R.K. Dev Choudhury, learned CGC appears on behalf of the respondent no. 1, Mr. K. Gogoi, learned Additional Senior Government Advocate appears on behalf of the respondent nos. 2 to 6 and Mr. S. Borthakur, learned counsel appears on behalf of the respondent no. 7. Both the writ petitions are taken up together as both are interconnected.
2. As contentions in the W.P. (C) No. 7158/2021 touches upon the authority and the jurisdiction of the Labour Commissioner to act in terms with Section 17 of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter for short referred to the Act of 1955) the same is first taken up. In W.P. (C) No. 7158/2021 the petitioners have assailed the Notification dated 14.03.1996 whereby the Governor of Assam through the Additional Chief Secretary to the Government of Assam, Labour and Employment Department had issued the said notification in exercise of the powers under Section 17(1) of the Act of 1955 and under Section 9(1) of th
Under Section 17(2) of the Act of 1972 which mandates that if any question arises as regards the amount due, it is the duty of the State Government either on an application or by itself to refer it t....
The Act 1955 constitutes a single scheme for the recovery of money due from an employer to an employee, and the notification specifying the officers competent to dispose of applications under Section....
The main legal point established in the judgment is the lack of power of delegation conferred on the State Government under Section 17(2) of the Act of 1955, rendering the References made by the Assi....
The state government has the authority to refer wage disputes to the Labour Court under Section 17(2) of the Working Journalists Act, providing a valid mechanism for individual claims despite jurisdi....
The Act does not require notice to the employer before making a reference to the Adjudicatory Mechanism, and the Adjudicatory Mechanism is intended to provide an opportunity of hearing to the employe....
Section 17(2) Labour Court can determine incidental questions of category, cadre and nature of work while computing benefits due under notified wage board recommendations.
The court affirmed that the Labour Courts in Delhi have jurisdiction for disputes arising from the Majithia Wage Board recommendations based on combined cause of action and situs tests, emphasizing e....
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