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RAJBIR SEHRAWAT
Dainik Bhaskar Corporation Limited – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Rajbir Sehrawat, J. (Oral) - This is a petition filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari quashing the order dated 31.12.2018 (Annexure P-7) passed by respondent No.l; referring the matter to the Labour Court-cum-Industrial Tribunal, Hisar, under Section 17(2) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, for adjudication of the claim of wages of 56 employees i.e. respondent Nos.4 to 59, with a further prayer for staying the impugned order passed by respondent No.l.
2. The brief facts, as involved in the present case are that the petitioner is a company running newspaper 'Dainik Bhaskar' frommultiple locations. The respondent Nos.4 to 59 are the employees of the petitioner. The respondent Nos.4 to 59 had a dispute regarding the payment of their wages. They had moved applications to the appropriate government/authorities i.e. respondent Nos.l and 2. The appropriate government found that there was a dispute regarding payment of wages, therefore, the matter has been referred to the Labour Court for adjudication upon the dispute and fo
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....
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 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 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....
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 State Government has authority to refer disputes involving non-journalist employees under the Industrial Disputes Act, validating such references under Section 4K of the State Act.
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.
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