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PIYUSH AGRAWAL
Jagran Prakashan Limited – Appellant
Versus
Shri Krishna Mohan Trivedi – Respondent
| Table of Content |
|---|
| 1. petitioner's relief sought to quash proceedings. (Para 2 , 3) |
| 2. arguments regarding employer-employee classification under relevant acts. (Para 4 , 5 , 6) |
| 3. court observed procedural validity of references under industrial disputes act. (Para 7 , 8 , 11) |
| 4. cadence of reference authority under appropriate legislation. (Para 9 , 10) |
| 5. final conclusion to dismiss writ petitions. (Para 12) |
JUDGMENT
Piyush Agrawal, J.
Heard Mr. Sanjay Kaushal, learned Senior Counsel assisted by Mr. Chandra Bhan Gupta for the petitioner and Mr. Man Mohan Singh for the respondents.
2. The issue involved in all the writ petitions is identical as such the writ petitions are being decided by a common order treating Writ C No. 39505 of 2023 as leading case.
3. By means of present petitions, the petitioner is seeking a relief to quash the entire proceedings of reference cases pending before respondent no. 3.
4. Learned counsel for the petitioner has submitted that respondents herein are not Journalist however they are working with the petitioner-institution on different posts and their services are governed by the Working Journalists and other Newspaper Employees (Conditions of Service) and Mis
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.
The court established that a reference made by the State Government under the UPID Act to the Labour Court regarding the dismissal of a workman is valid, and the maintainability of a special appeal i....
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....
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....
Point of Law - There is no embargo on the writ Court to quash a wholly inappropriate or undesirable or invalid reference order, in case no industrial dispute exists.
Industrial disputes under the Industrial Disputes Act can be raised at any time; delay does not bar adjudication if the dispute remains valid and justiciable.
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