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2018 Supreme(UK) 348
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice Rajiv Sharma and Hon’ble Mr. Justice Sharad Kumar Sharma
Writ Petition No. 208 of 2018 (PIL)
RAVINDRA DEVALIYAL – Petitioner
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
Decided on : 02.11.2018
For the Petitioner: Mr. C.K. Sharma, Amicus Curiae
For the Respondents: Mr. Paresh Tripathi, Chief Standing Counsel and Mr. Rakesh Thapliyal, Asstt. Solicitor General
Headnote:
Public Interest Litigation – To sought directions to the respondents for protecting the social and economic interest of journalists/reporters/correspondents – Held – Directions issued to improve the conditions of service of the journalists/reporters/correspondents by considering an increase in the pension and frame Welfare Fund Rules – And that the State Government may frame scheme for Journalists for providing certain reservation in housing plots/flats in Government housing schemes.
(Paras 40 to 46, 49 to 54, 58)
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¼izLrj 40 ls 46] 49 ls 54] 58½
JUDGMENT
Per: Hon'ble Rajiv Sharma, J.
With the consent of the parties, Ministry of Labour & Employment, through its Secretary, Government of India is added as respondent no.3.
2. Mr. Rakesh Thapliyal, waived service of notice on behalf of respondent no.3.
3. The Court has taken cognizance of the letter dated 31.10.2018.
4. According to the averments made in the letter, the regular appointed correspondents and temporary correspondents are facing immense monetary hardships. The wages paid to them are inadequate, despite the recommendations made by various committees from time to time. They discharge very important functions in the democracy. They lack social security. The petitioner has sought directions to the respondents for protecting the social and economic interest of journalists/reporters/correspondents.
5. Learned Chief Standing Counsel for the State has placed on record the instructions received by him from the Additional Director. According to these instructions, various schemes have been launched for the welfare of the correspondents, journalists/reporters throughout the State of Uttarakhand. A Corpus of Rs.5.00 crores has been created. In the eventuality of death or disability, the correspondents are paid Rs.5.00 lakh out of the Corpus and Rs.10.00 lakh in exceptional cases. The correspondents who have attained the age of 60 years are paid Old Age Pension of Rs.5,000/-. Seven correspondents are being paid pension regularly out of this Corpus. The budget of Rs.25.00 lakh has been provided for medical treatment of correspondents. A Scheme for cashless treatment is under contemplation of State Government. The accredited correspondents are permitted to travel freely in the Uttarakhand Travel Corporation buses.
6. The Parliament has enacted the Act called The Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as the Act, 1955). According tothe statement of objects and reasons, the Press Commission which was constituted by Government to inquire, among other things, into the conditions of employment of working journalists, have made certain recommendations for improvement and regulation of such service conditions by means of legislation. These recommendations cover minimum period of notice, gratuity, provident fund, settlement of industrial disputes, leave withpay, hours of work and minimum wages. The Act provides for to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments.
7. Section 2(b) of the Act, 1955 defines “newspaper".
8. Section 2(c) defines “newspaper employee".
9. Section 2(d) defines “newspaper establishment".
10. Section 2(dd) defines “non-journalist newspaper employee".
11. Section 2(eee) defines “wages".
12. Section 4 provides for special provisions in respect of certain cases of retrenchment.
13. Section 5 deals with payment of gratuity.
14. The Hours of work have been defined under Section 6.
15. Leave is provided under Section 7.
16. Section 8 provides that the Central Government may, in the manner, provide fix rates of wages in respect of working journalists; revise, from time to time, at such intervals as it may think fit, the rates of wages fixed under this section of specified in the order made under section 6of the Working Journalists (Fixation of Rates of Wages) Act, 1958.
17. The procedure for fixing and revising rates of wages is provided under Section 9.
18. According to Section 9, the Central Government shall, as and when necessary, constitute a Wage Board.
19. Section 10 deals with the Recommendation of Board.
20. Section 12 empowers the Central Government to enforce recommendations of the Wage Board.
21. The Central Government is also empowered to fix interim rates of wages under Section 13A.
22. Section 13AA provides for Tribunal for fixing or revising rates of wages in respect of working journalists.
23. Chapter IIA deals with Non-Journalist Newspaper Employees.
24. Th
