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2014 Supreme(Ker) 540

High Court of Kerala
HARUN-UL-RASHID & ALEXANDER THOMAS, JJ.
The General Secretary New Indian Express Employees' Association
Versus
The New Indian Express & Others
WA. No. 584 of 2014 In WP (C).31500 of 2013
Decided on: 22-09-2014

Advocate Appeared
For the Appellant:Thampan Thomas, Advocate.
For the Respondents:M. Gopikrishnan Nambiar, P. Gopinath, P. Benny Thomas, K. John Mathai, Advocates, R2 to R5, P.A. Reziya, Government Pleader.

Headnote:Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, Section 13A - If the interim wages has not been paid by the newspaper establishment to the employer according to section 13 a(1) thus the employer is not bound to pay the arrears under section 13a (3)and appeal allowed in his case.

JUDGMENT

Alexander Thomas, J.

1. This appeal has been filed by the 3rd respondent (Employees' Association) in W.P.(C).No.31500/2013, to impugn the judgment of the learned Single Judge rendered in that Writ Petition (Civil) on 3.3.2014. The facts necessary for the disposal of this appeal are as follows.

2. The writ petitioner-newspaper company instituted the above said Writ Petition (Civil) to impugn Exts.P10 and P11 orders for recovery of the amount notified as per Ext.P1 notification dated 24.10.2008 issued under Section 13A of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. The said notification under Section 13A of the Act was issued to regulate the grant of interim rates of wages to working journalists, which has been ordered at the rate of 30% of the basic wages. The writ petitioner-newspaper company refused to pay the interim wages as per Ext.P1 on the ground that they had entered into individual settlement with vast majority of the employees (working journalists and non-journalist newspaper employees), by offering them interim relief of wages at the rate of 25%. The members of the appellant-Employees' Association [R-3 in the W.P.(C).] did not enter into any such agreement and claimed interim rates of wages as statutorily notified under Ext.P1. The appellant-Employees' Association complained before the authorities concerned about the non-payment of interim rates of wages by the writ petitioner notified as per Ext.P1 and accordingly, after issuance of show-cause notice as per Ext.P3 herein, the competent revenue recovery officers concerned issued the impugned Exts.P10 and P11 for recovery of the interim rates of wages notified as per Ext.P1 by taking recourse to recovery proceedings under Section 17 of the above said Act. It was in the back ground of these facts and circumstances that the writ petitioner-newspaper establishment had approached this Court by filing W.P.(C).No. 31500/2013 seeking the following reliefs:

"i) issue a writ of certiorari calling for the records leading to Exts.P3, P10 & P11 notices and quash the same,

ii) declare that the claim raised by the 3rd respondent and the workers concerned for interim relief at the rate of 30% is not sustainable under law,

iii) pass an interim order staying all further proceedings pursuant to Exts.P3, P10 and P1 1 notices,

AND

iv) grant such other relief as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Many of the newspaper establishments including the writ petitioner had challenged the validity of the aforementioned Act and the proceedings taken thereunder, which resulted in the final notification under Section 12 thereof (Ext.P9 herein), by preferring Writ Petitions under Article 32 of the Constitution of India before the Supreme Court. The Apex Court in the judgment dated 7.2.2014 in the case ABP Pvt. Ltd. and another v. Union of India and others reported in AIR 2014 SC 1228 = (2014) 3 SCC 327, repelled the challenge on all counts and dismissed all the Writ Petitions and issued the following directions in paragraphs 73 thereof, which read as follows:

"73) In view of our conclusion and dismissal of all the writ petitions, the wages as revised/determined shall be payable from 11.11.2011 when the Government of India notified the recommendations of the Majithia Wage Boards. All the arrears up to March, 2014 shall be paid to all eligible persons in four equal instalments within a period of one year from today and continue to pay the revised wages from April, 2014 onwards."

The learned Single Judge held that the writ petitioner-newspaper establishment has to satisfy the entire arrears due with effect from 11.11.2011 as per the Justice Manjithia Wage Board Award, by March 2015 and that the enhanced wages are to be paid from April 2014 and that the remittance of the arrears of the Wage Board Award would necessarily have to concede to the above said orders of the Apex Court an






























































































































































































































































































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