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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
Express Publications (Madurai) Private Limited – Appellant
Versus
D.Sundaresan – Respondent
| Table of Content |
|---|
| 1. context of writ petitions filed by newspaper management against labour court order on wage claims by retired journalists. (Para 1 , 2 , 3 , 10) |
| 2. management argues that section 17(2) of act 45 of 1955 does not permit determination of disputed cadre or pre-existing rights. (Para 4 , 5) |
| 3. employees claim entitlement under wage board notification and section 17(2) jurisdiction upheld by supreme court precedents. (Para 6 , 7) |
| 4. historical and statutory background of the working journalists act and establishment of wage boards. (Para 8 , 9) |
| 5. supreme court upholds validity of majithia wage board recommendations and affirms enforceability under section 17. (Para 12 , 13 , 14 , 15) |
| 6. directions by supreme court for implementation of wage board awards via section 17 mechanism. (Para 16 , 17 , 19) |
| 7. definition of wages and comparison of section 17(2) with section 33-c of industrial disputes act allowing determination of claims. (Para 18 , 21 , 22) |
| 8. court affirms labour court jurisdiction; dismisses writ petitions with costs citing delay tactics by management. (Para 20 , 23 , 24 , 25) |
ORDER :
B. PUGALENDHI, J.
The writ petitioners before this court is the Newspaper Managemen
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 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 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....
Claiming wages - It is proved to the satisfaction of the High Court or Supreme Court that such workman had been employed and had been receiving adequate remuneration during any such period or part th....
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 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....
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....
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