AI Overview...
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Section 33C(2) - Jurisdiction of Labour Court for Working Journalists
The Labour Court has jurisdiction under Section 33C(2) of the Industrial Disputes Act, 1947, to determine claims related to monetary benefits or benefits owed to working journalists, including recovery of wages or other benefits. This jurisdiction is supported by the Disputes Rules, 1957, which specify the Court's authority to entertain applications concerning working journalists. Pioneer Ltd. VS Labour Court - Allahabad, YAD RAM VS BIR SINGH - Delhi -
Application and Remedies under the Working Journalists Act
Section 33C(2) can serve as an additional remedy for working journalists to claim dues or benefits. However, the application of this section often requires prior determination of the relationship of employment or status under Section 17(2) of the Working Journalists Act. Courts have emphasized that benefits under Section 33C(2) are supplementary and depend on a prior finding regarding employment status. Andhra Printers Limited, Hyderabad VS Industrial Tribunal-Cum-Labour Court - Andhra Pradesh, Rajasthan State Electricity Board, Jaipur VS Labour Court, Rajasthan, Jaipur - Rajasthan -
Relationship of Sections 17 and 33C(2)
Section 17(2) of the Working Journalists Act plays a crucial role in establishing the employment relationship before claims under Section 33C(2) can be entertained. Courts have held that Section 17(2) is a condition precedent, and a determination under this section is necessary before proceeding under Section 33C(2). Ramesh Ch. Patra VS P. O. , Labour Court, Jeypore - Orissa, Living Media India Limited VS Deputy Labour Commissioner - Delhi -
Procedural Aspects and Court Interpretations
Courts have clarified that the jurisdiction of Labour Courts under Section 33C(2) includes determining the existence of employment relationships and entitlements. They have also discussed the scope of benefits, including monetary awards and interest, which Labour Courts can award during proceedings. The interpretation of procedural provisions aims to facilitate beneficent outcomes for working journalists. Standard Pharmaceuticals Ltd. VS State of West Bengal - Calcutta, Veena Chandra VS Management of Vishwamitra Press - Patna -
Legal Status and Completeness of the Working Journalists Act
The Working Journalists Act is considered a comprehensive code that primarily governs the conditions of service for working journalists, often excluding applicability of other laws like the Shops and Establishments Act for related disputes. This emphasizes the Act's standalone nature in regulating journalists' employment and benefits. Times Publishing House Ltd. VS State Of Bihar Through Dy. Labour Commissioner - Patna, HINDUSTAN MEDIA VENTURES LTD. VS STATE OF U. P. - Allahabad
Analysis and Conclusion
The main insight is that Section 33C(2) of the Industrial Disputes Act, 1947, provides Labour Courts with jurisdiction to enforce monetary benefits owed to working journalists, contingent upon a prior determination of their employment status under Section 17(2) of the Working Journalists Act. Courts have consistently held that this section acts as a supplementary remedy, with procedural interpretations aimed at ensuring just and beneficent outcomes for journalists. The Working Journalists Act itself is a comprehensive statute governing employment conditions, with the jurisdictional and procedural framework well-established in case law.
Search Results for "Working Journalists Section 33c 2"
1982 0 Supreme(All) 452 • India - Allahabad
A.N.VARMA
INDUSTRIAL DISPUTES ACT, 1947 - SECTION 33C(2) - TRANSFER OF CASE - JURISDICTION OF LABOUR COURT - WORKING JOURNALISTS - [1. ... Disputes) Rules, 1957 for a Labour Court to entertain applications under Section 33c(2) in regard to working journalists.] ... Disputes) Rules, 1957 for a Labour Court to entertain applications under Section 33c(2) in regard to #HL_STA....
2016 0 Supreme(Ori) 700 • India - Orissa
SANJU PANDA, SUJIT NARAYAN PRASAD
Act and the applicability of Section 17(2) of the Working Journalists Act. ... The Labour Court rejected the application, advising recourse to Section 17(2) of the Working Journalists Act. ... Labour Court - Industrial Disputes Act, 1947 - Section 33-C(2) - Working Journalists and Other Newspaper Employees (Conditions ... Act but however the same was rejected being held to be not....
1992 0 Supreme(AP) 378 • India - Andhra Pradesh
P.VENKATRAMA REDDY
17(2) of the Working Journalists Act. ... Section 33-C can operate as an additional remedy to the working journalist. ... Section 3(1) of the Working Journalists Act plainly manifests an intention to preserve and apply the provisions of the Industrial ... It is only after a determination of the disputed question under Section 17 (2) a working journalist can move....
2019 0 Supreme(Del) 1689 • India - Delhi
ANU MALHOTRA
WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955 - SECTION 17( ... The Court further held that the provisions of Section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions ... that may arise inclusive in relation to the status of the working journalists, the nature of office he holds and class to which ... working journalists. .....
1976 0 Supreme(Pat) 187 • India - Patna
L.M.SHARMA, G.M.MISRA
The operation of sub-section (5) is available equally at both the stages of subsection (II) as well as (2). ... - The ambiguity in the notification can be by resolving it to apply to sub-section (2) also (Para 12) ... ... condition of working people - Interpretation should be to adapt beneficent rule of construction - Language of a document should ... It was asserted that the petition had been filed by the General Secretary of the Bihar Working Journalists Unio....
1973 0 Supreme(Del) 276 • India - Delhi
S.N.ANDLEY, S.N.SHANKAR
INDUSTRIAL DISPUTES ACT, 1947 - SECTION 33C(2) - JURISDICTION OF LABOUR COURT - DETERMINATION OF EXISTENCE OF RELATIONSHIP OF ... Finding of the Court: The court held that a specified Labour Court under section 33C(2) of the Act has jurisdiction ... Yes, a specified Labour Court under section 33C(2) of the Industrial Disputes Act, 1947 has jurisdiction to determine the existence ... of the Working Journ....
• India - Calcutta
SOUMEN SEN
INTEREST ON AWARDED SUM - INDUSTRIAL DISPUTES ACT, 1947 - SECTION 33C(2) - The Labour Court, while acting as an executing court ... This power is derived from the term "benefit" in Section 33C(2), which encompasses monetary advantages or profits to which a workman ... Whether the Labour Court has the jurisdiction to award interest in a computation proceeding under Section 33C(2) of the Industrial ... This order of the Labour Court w....
1965 0 Supreme(Raj) 38 • India - Rajasthan
DAVE, KAN SINGH
(a) Industrial Disputes Act, Sec. 2(oo)—For any reason whatsoever — If retirement not covered by excluding clauses then retirement ... ... The respondents Nos. 2 and 3, who were employed at the power house ... efficiency of the undertaking, and the Executive Engineer of the Board at Bikaner terminated the services of the respondents Nos. 2 ... Now, sub-sec. (1) of sec. 33C of the Act corresponds to sec. 17 of the Working Journalists Act but it will be noticed that sub-sec. (....
2017 0 Supreme(All) 909 • India - Allahabad
SAUMITRA DAYAL SINGH
Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955—Sections 17(1) and ... 17(2)—Newspaper Establishments—Working Journalists—Recovery of money due from an employer—Practice and Procedure—Claimants appointed ... as Executives in Supply Chain of appellant—Working Journalists—Nothing on record to infer that respondent-employee belonging to ... Thus, in legal parlance, the Wage Board recommend....
2009 0 Supreme(Pat) 549 • India - Patna
RAMESH KUMAR DATTA
Bihar Shops and Establishments Act, 1953-Section 28 r/w Sections 2(g), 3 and 17 of Working Journalists (Conditions of Service and ... Journalists Act-Working Journalists Act is a complete code in itself to the exclusion of applicability of shops and Establishments ... to entertain an application under shops and Establishments Act with regard to implementing award of Wage Board constituted under working ... Working ....
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