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2024 Supreme(Online)(MP) 20167
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 22nd OF APRIL, 2024
MISC. PETITION No. 5093 of 2022
BETWEEN:-
DAINIK BHASKAR THROUGH ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O.
SHIVNARAYAN SAHU A/A 36 R/O. 6,
DWARKA SADAN PRESS COMPLEX
MAHARAN PRATAP NAGAR ZONE-1,
DISTT.
BHOPAL
(M.P.)
(MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE
STATE
OF
MADHYA
PRADESH THROUGH PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN
BHOPAL
(M.P.) (MADHYA PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER,
BHOPAL
E
BLOCK OLD SECRETARIAT ,
BHOPAL (MADHYA PRADESH)
3.
ADDITIONAL
SECRETARY,
LABOUR
DEPARTMENT
VALLABH
BHAWAN,
BHOPAL
(MADHYA PRADESH)
4.
MANISH KUMAR DUBEY S/O R.P.
DUBEY
R/O
INFRONT
OF
SAIBABA
MANDIR,
MALVIYAGANJ
ITARSI
2
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
MISC. PETITION No. 2053 of 2020
BETWEEN:-
DAINIK
BHASKAR
THR.
ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU A/A 36 6
DWARKA
SADAN
PRESS
COMPLEX MAHARANA PRATAP
NAGAR
ZONE
1
(MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THR. PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER BHOPAL E
BLOCK OLD SECRETARAIT
BHOPAL
(MADHYA
PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
4.
SANTOSH KUMAR PURI S/O
LAL PURI BADKUL COLONY
OLD
ITARSI
(MADHYA
3
PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI AISHWARYA SAHU - ADVOCATE)
MISC. PETITION No. 2124 of 2020
BETWEEN:-
DAINIK
BHASKAR
THR.
ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU A/A 36 6
DWARKA
SADAN
PRESS
COMPLEX MAHARANA PRATAP
NAGAR
ZONE
1
BHOPAL
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THR. PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER BHOPAL E
BLOCK OLD SECRETARAIT
BHOPAL
(MADHYA
PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
4.
JAIDEEP RAGHUWANSHI S/O
RAMSHANKAR
RAGHUWANSHI
R/O
4
NEWASKAR BASERA, GINNI
COMPOUND,
MEENAKSHI
CHOWK,
(MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI AISHWARYA SAHU - ADVOCATE)
MISC. PETITION No. 2509 of 2020
BETWEEN:-
DAINIK
BHASKAR
THR.
ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU 6 DWARKA
SADAN
PRESS
COMPLEX
MAHARANA
PRATAP
NAGAR
ZONE
1
BHOPAL
(MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THR. PRINCIPAL
SECRETARY LABOUR DEPT.
MANTRALAYA
VALLABH
BHAWAN
(MADHYA
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER BHOPAL E
BLOCK OLD SECRETARAIT
BHOPAL
(MADHYA
PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
5
4.
YASHWANT GAWAHDE S/O
SHANKARLAL
GAWAHDE
1432 PHASE 2 SHIVAJINAGAR
RASULIYA
(MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
MISC. PETITION No. 2837 of 2020
BETWEEN:-
DAINIK
BHASKAR
THR.
ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU A/A 36 6
DWARKA
SADAN
PRESS
COMPLEX MAHARANA PRATAP
NAGAR
ZONE
1
(MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THR. PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN BHOPAL (MADHYA
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER E BLOCK
OLD SECRETARIAT DISTT-
BHOPAL
(MADHYA
PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
6
4.
PRAKASH KUMAR MALVIYA
S/O
GENDALAL
MALVIYA
R/O GANDHINAGAR, ITARSI
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI AISHWARYA SAHU - ADVOCATE)
MISC. PETITION No. 3316 of 2020
BETWEEN:-
DAINIK BHASKAR THROUGH ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU AGED 36
YEAR 6, DWARKA SADAN PRESS
COMPLEX
MAHARAN
PRATAP
NAGAR, ZONE 1 BHOPAL (M.P.)
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH
THROUGH
PRINCIPAL
SECRETARY
MANTRALAYA,
VALLABH
BHAWAN,
BHOPAL
M.P.
(MADHYA PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER BHOPAL E
BLOCK OLD SECRETARIAT
(MADHYA PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
4.
BHUPENDRA
SHARMA
S/O
7
G.S.SHARMA
RAJHARSH
COLONY
KOLAR
ROAD
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI RAJESH KUMAR SONI - ADVOCATE)
MISC. PETITION No. 1719 of 2021
BETWEEN:-
DANIK
BHASKAR
S/O
SHIVNARAYAN
SAHU,
AGED
ABOUT 36 YEARS, OCCUPATION:
THRO.
ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU 6 DWARKA SADAN PRESS
COMPLEX
MAHARAN
PRATAP
NAGAR
ZONE
1
(MADHYA
PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THRO. PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN
(MADHYA
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER
LABOUR
DEPARTMENT E BLOCK OLD
SECRETARIAT,
BHOPAL
(MADHYA PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
8
4.
KESHAV ANAND DUBEY S/O
LATE
SHRI
S.K.
DUBEY
OCCUPATION:
NOT
MENTION
02,
RAGHA
MADHAV
NAGAR,
HOSHANGABAD
(MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI AJAY MISHRA – SENIOR ADVOCATE WITH
MS.PANKHUDI VISHWAKARMA - ADVOCATE)
MISC. PETITION No. 1723 of 2021
BETWEEN:-
DAINIK
BHASKAR
THR.
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN SAHU 6 DWARKA
SADAN
PRESS
COMPLEX
MAHARAN PRATAP NAGAR ZONE
1 (MADHYA PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
STATE
OF
M.P.
THR.
PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN
BHOPAL
MP
(MADHYA PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER
LABOUR
DEPARTMENT E BLOCK OLD
SECRETARIAT,
BHOPAL
(MADHYA PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
9
VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
4.
AJAY
KUMAR
LOKHANDE
S/O GIRDHARI LOKHANDE,
AGED
ABOUT
43
YEARS,
OCCUPATION:
NOT
MENTION
LOHA
BRIDGE
ROAD,
SHIVAJI
WARD,
KOTHIBAZAAR,
BETUL
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI A.S.HUSSAIN - ADVOCATE)
MISC. PETITION No. 4840 of 2021
BETWEEN:-
MANAGING DIRECTOR PATRIKA
(RAJASTHAN PATRIKA PVT. LTD.)
THR.
ITS
AUTHORISED
REPRESENTATIVE AJAY SHARMA
S/O
TIKAM
CHAND
SHARMA
AGED ABOUT 47 YEARS 3RD
FLOOR,
CHINARLNCUBE
BUSINESS CETRE CHINAR CITY
MALL,
HOSHANGABAD
ROAD,
BHOPAL/PATRIKA
1ST
FLOOR
DIXIT PRIDE NEAR TAYAB ALI
PETROL PUMP NAPIER TOWN
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI BRIAN DA-SILVA – SENIOR ADVOCATE WITH SHRI SARABVIR SINGH
OBEROI - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH THR. PRINCIPAL
SECRETARY
LABOUR
DEPARTMENT
MANTRALAYA,
VALLABH
BHAWAN
(MADHYA
10
PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER
BHOPAL
DIVISION
E
BLOCK
OLD
SECRETARIAT
BHOPAL
(MADHYA PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(MADHYA PRADESH)
4.
YOGESH
MALVIYA
S/O
P.C.MALVIYA
R/O
NEAR
KAPUR
GARDEN
PURANPURA
VIDISHA
(MADHYA PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI RAJESH KUMAR SONI - ADVOCATE)
MISC. PETITION No. 4493 of 2022
BETWEEN:-
DAINIK BHASKAR THROUGH ITS
AUTHORISED
REPRESENTATIVE
RAJKUMAR
SAHU
S/O
SHIVNARAYAN
SAHU
AGED
ABOUT 36 YEARS 6 DWARKA
SADAN
PRESS
COMPLEX
MAHARANA
PRATAP
NAGAR
ZONE 1 (M.P.) DISTRICT BHOPAL
(M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI GIRISH PATWARDHAN – SENIOR ADVOCATE WITH SHRI SANKALP
KOCHAR AND SHRI SIDDHANT KOCHAR - ADVOCATE)
AND
1.
THE STATE OF MADHYA
PRADESH
THROUGH
PRINCIPAL
SECRETARY
11
LABOUR
DEPARTMENT
MANTRALAYA
VALLABH
BHAWAN
BHOPAL
(M.P.)
(MADHYA PRADESH)
2.
DEPUTY
LABOUR
COMMISSIONER BHOPAL E
BLOCK OLD SECRETARAIT
BHOPAL
(MADHYA
PRADESH)
3.
ADDITIONAL
SECRETARY
LABOUR
DEPARTMENT
VALLABH BHAWAN BHOPAL
(M.P.) (MADHYA PRADESH)
4.
AJAY
GOSWAMI
S/O
PANCHAMPURI
GOSWAMI
R/O HOUSE OF PREETAM
SONI NEAR HOUSE OF SONU
INFRONT OF SHAKTI MATA
MANDIR
COLLECTORATE
ROAD
KOTHI
BAZAAR
HOSHANGABAD
(MADHYA
PRADESH)
.....RESPONDENTS
(RESPONDENTS/STATE BY SHRI ROHIT JAIN – GOVERNMENT ADVOCATE)
(RESPONDENT NO.4 BY SHRI AISHWARYA SAHU - ADVOCATE)
These petitions coming on for admission this day, the court passed
the following:
Sankalp Kochar,Advocate General
ORDER
1. By this common order, M.P.No.s 5093/2022, 2053/2020, 2124/2020, 2509/2020, 2837/2020, 3316/2020, 1719/2021, 1723/2021, 4840/2021 and 4493/2022 shall be disposed off. It is made clear that arguments were advanced in M.P. No. 5093/2022, 1719/2021 and 4840/2021 only and it was submitted that the other misc. petitions would be covered by the arguments advanced in the aforesaid three petitions.
2. For the sake of convenience, the facts of M.P. No. 5093/2022 shall be considered.
3. This petition under Article 226 of Constitution of India has been filed seeking the following relief(s) :
- (i) The Hon’ble Court may kindly be pleased to quash impugned order dated 24.07.2021 (Annexure P/16) passed by Labour Court, Hoshangabad (MP) and all consequential recovery proceedings, in the interest of justice.
- (ii) That, Hon’ble Court may kindly be pleased to remand the matter back to the Labour Court to adjudicate the matter afresh after appreciating the evidence on record including the issue of undertaking given under clause 20 (J) of the recommendations, the issue of legality of the order of reference, classification of the news-paper establishment, non-compliance of the mandatory procedure culled out under the rules and legality of the reference order.
- (iii) Any other relief which this Hon’ble Court may deem just and proper in the facts and circumstances of the case may kindly be issued in favour of the Petitioner along with cost of the petition.
4. It is the case of the petitioner, that the respondent filed a statement of claim under Section 17(2) of The Working Journalists And Other Newspaper Employees (Conditions of Service) And Miscellaneous Provisions Act, 1955 (in short Act 1955) pleading inter alia that in the month of June, 2009, he was appointed on the post of Sub-Editor and thereafter he continued to work till November 2016 as DNE. He was getting Rs. 20,000/- per month, whereas as per the recommendations of Majithia Wage Board, he was entitled for monthly wages of Rs. 41,000/-. Recommendations of Majithia Wage Board had come into force w.e.f. 11-11-2011. The respondent is entitled for different of pay scale i.e., Rs. 21,95,423.
5. The petitioner filed its written statement and denied the claim of the respondent. It was claimed that the Dy. Labour Commissioner had no jurisdiction to pass the order and reference can be made only by the State Govt. Further, the application which was filed before Dy. Labour Commissioner was not in accordance with form C because no 15 days prior notice was given to the Petitioner. The reference has not been made by the State Govt. in exercise of suomotu powers. Further more, in the light of Clause 20(j) of recommendations of Majithia Wage Board, the respondent has given his declaration that he is satisfied with the wages which he is getting. Further, only Industrial Tribunal has jurisdiction to try the reference. The reference is barred by time for the reason that the respondent is claiming arrears from the year 2011 whereas the application was filed in the year 2016.
6. The Labour Court, by the impugned order has allowed the reference and has directed the petitioner to pay Rs. 9,82,751/- along with Rs. 22,031/- towards interim relief.
7. The impugned order passed by the Labour Court has been challenged by the Petitioner by filing the present petition. The submissions raised by the Counsel for the petitioner can be summarized in following categories :
- (i) There is no pleading in the statement of claim regarding category in which the respondent would fall;
- (ii) There is no pleading in the statement of claim regarding classification of Hoshangabad Unit;
- (iii) Once, the respondent himself had given a declaration that he is satisfied with the wages which he is getting, then he is estopped from claiming higher wages as per recommendations of Majithia Wage Board;
- (iv) No issue regarding declaration given by respondent under Clause 20(j) of Recommendation of Majithia Wage Board was framed
