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2019 Supreme(MP) 6
IN THE HIGH COURT OF MADHYA PRADESH
Rohit Arya, J.
Rajasthan Patrika Pvt. Ltd. (M/s.) v. State of M. P. and others
Writ Petition No. 7051 of 2016 (Indore); Decided on 8.1.2019
Jagdish Baheti for petitioner;
Vibhor Khandelwal, Government Advocate for respondents No. 1 and 2/State; Navnidhi Parharya for respondent No. 3.
Headnote:(1) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 -- Ss. 10, 12 (1) and 13 -- Majithia Wage Board -- Cl. 20 (j) of recommendations --option was available to employees for three weeks after date of notification --said period expired on 2.12.2011 -- respondent No. 3 not even in employment on that date -- his initial date of appointment 1.11.2012 -- recommendations of Cl. 20 (j) have no application. AIR 1987 SC 1869, W. P. No. 1821 of 2018 decided on 9.8.2018 (Bom. HC), Special Civil Applications No. 764-869 of 2018 decided on 2.2.2018 (Guj. HC) and Letters Patent Appeal No. 433 of 2018 decided on 26.6.2018 (Guj. HC) distinguished. [Para 10
(2) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 -- Ss. 10, 12 (1) and 13 -- revised wages and emoluments notified by way of recommendations of Majithia Wage Board -- higher than wages paid to respondent No. 3 -- such payment of wages and emoluments is in violation of S. 13. [Para 10
(3) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 -- Ss. 10, 12 (1), 13 and 17 -- entitlement of respondent No. 3 for revised wages and emoluments in terms of recommendations of Majithia Wage Board -- reasoning assigned by Labour Commissioner based on material on record - in consonance with provisions of Act -- order determining revised wages and emoluments, and recovery of amount as arrears of land revenue by issuance of recovery certificate cannot be faulted with. W. P. (Civil) No. 246 of 2011 decided on 7.2.2014 (SC) and Contempt Petition (Civil) No. 411 of 2014 decided on 19.6.2017 followed. [Para 10
(4) Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 -- S. 17 -- while computing claim of "amount due" from employer to employee, authority is empowered to make summary enquiry in that behalf to ascertain exact amount due. AIR 1958 SC 507 followed. [Para 11
¼1½ Jethoh i=dkj vkSj vU; lekpkj i= deZpkjh ¼lsok dh 'krs±½ vkSj izdh.kZ mica/k vf/kfu;e] 1955 && /kkjk 10] 12¼1½ rFkk 13 && ethfB;k etnwjh eaMy &&flQkfj'kksa dk [kaM 20¼´½ && deZpkfj;ksa dks fodYi vf/klwpuk ds fnukad ls rhu lIrkg rd miyC/k Fkk && mDr vof/k dk volku fnukad 2-12-2011 dks gks x;k && izR;FkhZ Ø- 3 ml fnukad dks fu;ksftr rd ugha && mldh fu;qfDr dk vkjafHkd fnukad 1-11-2012 && [kaM 20 ¼´½ dh flQkfj'ksa ykxw ugha gksrhaA , vkb vkj 1987 ,l lh 1869] fjV ;kfpdk Ø- 1821 lu~ 2018 fu.khZr fnukad 9-8-2018 ¼cacbZ mPp U;k-½] fo'ks"k flfoy vkosnu Ø- 764&869 lu~ 2018 fu.khZr fnukad 2-2-2018 ¼xqt- mPp U;k-½ rFkk ysVlZ isVasV vihy Ø- 433 lu~ 2018 fu.khZr fnukad 26-6-2018 ¼xqt- mPp U;k-½] izHksfnrA ¼iSjk 10
¼2½ Jethoh i=dkj vkSj vU; lekpkj i= deZpkjh ¼lsok dh 'krs±½ vkSj izdh.kZ mica/k vf/kfu;e] 1955 && /kkjk 10] 12¼1½ rFkk 13 && ethfB;k etnwjh eaMy dh flQkfj'kksa ds :i esa vf/klwfpr iqujhf{kr etnwjh rFkk miyfCèk;k¡ && izR;FkhZ Ø- 3 dks lanÙk etnwjh ls vf/kd && etnwjh rFkk miyfCèk;ksa dk ,slk lank; /kkjk 13 dk vfrØe.k gSA ¼iSjk 10
¼3½ Jethoh i=dkj vkSj vU; lekpkj i= deZpkjh ¼lsok dh 'krs±½ vkSj izdh.kZ mica/k vf/kfu;e] 1955 && /kkjk 10] 12¼1½ 13 rFkk 17 && ethfB;k etnwjh eaMy dh flQkfj'kksa ds vuqlkj iqujhf{kr etnwjh rFkk miyfCèk;ksa gsrq izR;FkhZ Ø- 3 dh gdnkjh && Je vk;qä }kjk nh xbZ rdZ.kk vfHkys[kxr lkexzh ij vk/kkfjr &&vf/kfu;e ds mica/kksa ds vuqdwy && iqujhf{kr etnwjh vkSj miyfC/k;k¡ vo/kkfjr djus ds vkns'k rFkk olwyh izek.k i= tkjh dj HkwjktLo ds cdk;k ds :i esa ml jde dh olwyh esa xyrh ughaA fjV ;kfpdk ¼flfoy½ Ø- 246 lu~ 2011 fu.khZr fnukad 7-2-2014 ¼mPpre U;k-½ rFkk voekuuk ;kfpdk ¼flfoy½ u- 411 lu~ 2014 fu.khZr fnukad 19-6-2017 vuqlfjrA ¼iSjk 10
¼4½ Jethoh i=dkj vkSj vU; lekpkj i= deZpkjh ¼lsok dh 'krs±½ vkSj izdh.kZ mica/k vf/kfu;e] 1955 && /kkjk 17 && fu;kstd ls deZpkjh dks ßns; jdeÞ ds nkos dh lax.kuk djrs le;] ns; fuf'pr jde vfHkfuf'pr djus gsrq izkf/kdkjh ml laca/k esa laf{kIr tk¡p djus ds fy, l'kDr gSA , vkb vkj 1958 ,l lh 507 vuqlfjrA ¼iSjk 11
Arya, J -- 1. Petitioner M/s Rajasthan Patrika Private Limited – a registered company in terms of the Memorandum of Association of the company engaged in publication of daily Hindi news paper in various States including the State of Madhya Pradesh amongst other works, the news paper published from the State of Madhya Pradesh is known as “Patrika” has approached this Court in this writ petition under Article 226 and 227 of the Constitution of India challenging the legality, validity and propriety of the order dated 31.8.2016 (Annexure P-14) passed by the respondent No. 2 under section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (for short, the Act, 1955') and the consequent recovery certificate of the even date, Annexure P-15 with a further direction that the affidavit filed by respondent No. before the said authority if treated as an application, the same be sent to the labour Court for conducting the enquiry under section 17(2) of the Act, 1955.
2. Before adverting to the facts relevant and the contentions advanced by both the parties, it is expedient to reiterate peripheral facts giving raise to the present petition.
The Central Government constituted two wage boards on 24.5.2007 under sections 9 and 13C of the Act, 1955 to determine the wages to be paid to the working journalists and non-journalist employees under the chairmanship of Dr. Justice Narayan Kurup, However, he has resigned with effect from 31.7.2008. Therefore, Justice G.R. Majithia was appointed as Chairman with effect from 4.3.2009 (hereinafter referred to as ‘the Majithia Wage Board’) and the recommendations were submitted to the Central Government on 31.12.2010. Consequent upon acceptance of the recommendations on 25.10.2011, the Central Government has issued a notification to the said effect under section 12(1) of the Act, 1955 which was published on 11.11.2011. Even before publication of the notification, various news paper establishments affected by the Majithia Wage Board had challenged the same before the Hon’ble Supreme Court under Article 32 of the Constitution of India, lead case being ABP Pvt. Ltd., and another v. Union of India, Writ Petition (Civil) No. 246 of 2011. During pendency of the writ petitions, the recommendations of the Majithia Wage Board were published by the Central Government vide notification dated 11.11.2011 under section 12(1) of the Act, 1955, therefore, the same have also been challenged by way of amendment in writ petitions.
Hon’ble Supreme Court dismissed bunch of writ petitions on 7.2.2014 (supra). The part of operative portions of the order relevant for the purpose of this writ petition are quoted below :
“(iv) Accordingly, we hold that the recommendations of the Wage Boards are valid in law, based on genuine and acceptable considerations and there is no valid ground for interference under Article 32 of the Constitution of India. Consequently, all the writ petitions are dismissed.
(v) In view of our conclusions and dismissal of all the writ petitions, the wages as revised/determined shall be payable from 11.11.2011 when the Government of India has notified the recommendations of the the Majithia Wage Boards. All the arrears up to March, 2014 shall be paid to all eligible persons in four equal installments within a period of one year from today and continue to pay the revised wages from April, 2014.”
(Emphasis supplied)
It appears that the order passed by the Hon’ble Supreme Court since was not implemented, sizable number of employees have filed contempt petitions before the Hon’ble Supreme Court complaining non-compliance of the order. All the contempt petitions were clubbed together, lead case being Contempt Petition (Civil) No. 411 of 2014, Avishek Raja and others v. Sanjay Gupta arising out of Writ Petition (Civil) No. 246 of 2011 have been decided on 19.6.2017. A detailed comprehensive order was passed clarifying the
