2024:BHC-AS:10347-DB JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9112 OF 2019 Shri Indrakumar Jain B-303, Runwal Towers, Co-operative Housing Society Ltd.

Kolbad, Thane (West) – 400 601 … Petitioner V/s.

M/s. Dainik Bhaskar B-1, 405, Marathon Innova Ganpat Rao Kadam Marg Lower Parel, Mumbai – 400 013

2. Shri Manmohan Agarwal Chairman – Chief Editor M/s. Dainik Bhaskar B-1, 405, Marathon Innova Ganpat Rao Kadam Marg, Lower Parel, Mumbai – 400 013 ... Respondents with WRIT PETITION NO. 12022 OF 2019

1. M/s. Dainik Bhaskar B-1, 405, Marathon Innova Ganpat Rao Kadam Marg Lower Parel, Mumbai – 400 013

2. Shri Manmohan Agarwal Chairman – Chief Editor M/s. Dainik Bhaskar B-1, 405, Marathon Innova Ganpat Rao Kadam Marg, Lower Parel, Mumbai – 400 013 … Petitioners V/s.

Shri Indrakumar Jain B-303, Runwal Towers, Co-operative Housing Society Ltd.

Kolbad, Thane (West) – 400 601 ... Respondents with WRIT PETITION NO. 3541 OF 2019 M/s. Pioneer Book Co. Pvt. Ltd. … Petitioners V/s.

Devendra Pratap Singh Rajendra Honey Comb Children Home

1^st Floor, D-1, Old Ostwal Tower, Khargaon, B.P. Road Bhayendar (East), Thane ... Respondents Mr. Sanjay Singhvi, Senior Advocate with Mr. Bannet D’Costa and Ms. Jignasha Pandya for the Petitioner in WP 9112/2019 and for Respondents in WP 12022/2019 and Applicant in IA 1382/2021 Mr. Anand R. Pai a/w. Mr. Pratik Kothari i/b. Mr. Avinash Patil for the Petitioners in WP 12022/2019 and for the Respondents in WP

9112/2019 Mr. Vijay Vaidya a/w. Mr. Mahendra Agvekar and Ms. Shraddha Chavan for the Petitioner in WP 3541/2019 Ms. Jane Cox i/b. Ms. Karishma Rao for the Respondents in WP

3541/19 CORAM : NITIN JAMDAR &

SANDEEP V. MARNE, JJ.

RESERVED ON : 4 SEPTEMBER 2023 PRONOUNCED ON : 29 FEBRUARY 2024 JUDGMENT (Per Nitin Jamdar, J.) :-

These Petitions are placed before us upon the reference made by the learned Single Judge to answer the question of maintainability of a complaint of unfair labour practice by a working journalist before an Industrial Court on the basis that a working journalist is covered by the definition of "employee" under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

2. Writ Petition Nos. 9112 of 2019 and 12022 of 2019 are cross-petitions challenging the order passed by the Industrial Court in the Complaint filed by Indrakumar Jain, a working journalist. The Industrial Court has dismissed the complaint. Writ Petition No.9112 of 2019 is filed by Indrakumar Jain challenging the order of the Industrial Court in its entirety as his complaint has been dismissed holding that he is not an 'employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices (MRTU & PULP) Act, 1971. The employer, Newspaper establishment-Dainik Bhaskar, has filed Writ Petition No.12022 of 2019 to the limited extent of findings about the absence of liability of Indrakumar Jain.

3. Writ Petition No. 3541 of 2019 involves a dispute between a newspaper establishment- Pioneer Book and Devendra Pratap Singh, a working journalist. Pioneer had objected to the maintainability of the complaint by Devendra Pratap Singh filed under the provisions of the MRTU & PULP Act on the ground that he does not fall in the definition of the term 'employee' within the meaning of Section 3(5) of the MRTU & PULP Act. The Labour Court directed Pioneer to reinstate Devendra Pratap Singh with full back-wages and continuity of service with arrears of wages. The Industrial Court rejected the Revision Application, and both orders are challenged.

4. When these Petitions came for consideration before the learned Single Judge (S.C. Gupte, J.) arguments centered around the issue as to whether working journalists could be considered as ‘employee’ under MRTU & PULP Act, 1971. Following decisions of the learned Single Judges of this court were placed on record.

(a) Bennett Coleman Co. Ltd. v/s. Mumbai Mazdoor Sabha ¹ (D