IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(L) No. 1114 of 2025 ….…..

Management of M/s Neutral Publishing House Limited (Prabhat Khabhar) through its General Managr (HR) Shri Vikash Kumar, aged about 42 years, son of Shri R.S.P. Singh, r/o 15-P, Kokar Industrial Area, P.O.

Kokar, P.S. Sadar, District-Ranchi. ..… Petitioner (s)

Versus

1. The State of Jharkhand through the Secretary, Dept of Labour, Employment, Training and Skill Development, Govt of Jharkhand.

2.The Labour Commissioner, Dept of Labour, Employment, Training and Skill Development, Govt of Jharkhand.

3.The Under Secretary, Labour Commissioner Office, Dept of Labour, Employment, Training and Skill Development, Govt of Jharkhand.

Respondent no.1 to 3 are having their office at Nepal House, Doranda, P.O.& P.S-Doranda, District - Ranchi. 4. The Labour Superintendent, Govt of Jharkhand having its office at Sitramdera, P.O. & P.S-Sitaramdera, Jamshedpur District-East Singhbhum.

5.Shri Pramod Kumar, Son of Sri Baidya Nath Kumar, r/o Bagbera Colony (46/2/3) Road no.02, P.O.& P.S. Bagbera, Jamshedpur District- East Singhbhum

831006. ..... Respondent(s)

….…..

CORAM: HON’BLE MR. JUSTICE DEEPAK ROSHAN ….…

For the Petitioner(s) : Mr. Deepak Kumar Bharti, Adv For the Resp. No.5 : Mr. Kumar Harsh, Adv For the Resp.-State : Mr.Ashwini Bhushan, A.C. to Sr. S.C.-II ….…..

C.A.V. ON 01/12/2025 PRONOUNCED ON:19/01/2026 Heard learned counsel for the parties.

2. This writ petition has been filed by the Management of M/s. Neutral Publishing House Limited for quashing the notification of reference contained in Memo No. 12 dated 02/01/2025, which refers a claim of short payment of wages to the Labour Court for adjudication.

3. The Petitioner has alleged that the terms of reference do not reflect the actual or real dispute between the parties and are in gross contravention of Section 17(1) and Section 17(2) of the Working Journalists & Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ("the Working Journalists Act, 1955"). The Management asserts that the notification of reference is beyond jurisdiction, as only the Labour Commissioner is the notified authority under Section 17(1) of the Act of

1955.

4. The Petitioner contends that the Labour Court cannot go beyond the terms of reference or adjudicate upon the validity of the reference itself. Reliance is placed on the judgment in National Engineering Industries Limited vs. State of Rajasthan,1. The Petitioner further argues that authorities must refer the real dispute between the parties, which in this case relates to the transfer of Respondent No. 5 from Jamshedpur to Bhagalpur—a transfer which is claimed to be punitive. The Management highlights that the communications from the Labour Superintendent Jamshedpur, including the notice dated 14/03/2024 and letter dated 27/05/2024, were strictly

1 (2000) 1 SCC 371

limited to the issue of punitive transfer. These communications sought information regarding the provision for transfer in the standing orders / service rules, competence to transfer or relieve employees, stoppage of salary for not joining at the transferred location, and any other charges or enquiries. There was no mention of wages or salary as per Majithia Wage Board recommendations.

The employer has based its objection on the fact that Respondent No. 5 never presented any claim or calculation of wages as per the Majithia Wage Board recommendations to it. However, during the enquiry regarding the punitive transfer, a claim "Form C" was unexpectedly submitted, leading to a reference based on a claim amounting to Rs.

1,48,35,325/-.

The labour authorities, represented by Respondent No. 4, have filed a Counter Affidavit admitting that a reference has already been made, registered as Reference No. 01 of 2025 in the Labour Court, Jamshedpur. It is argued that Respondent No. 5 submitted a letter dated 28/02/2024, alleging conspiracy due to his demand for higher wages under the Majithia Wage Board recommendations, while