Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1950 19(1)(a) and 19(1)(g) Article. 14 CONSTITUTION OF INDIA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | CONSTITUTION OF INDIA, 1950:Arts. 14, 19(1)(a) and 19(1)(g) - Constitutional validity of Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Amendment Act of 1974 - Held: In Express Newspaper, the Constitution Bench has held the 1955 Act as intra-vires the Constitution - The Act being a beneficent legislation intended to regulate conditions of service of working journalists does not have the effect of taking away or abridging the freedom of speech and expression of petitioners- newspapers and does not, therefore, infringe Art. 19(1)(a) of the Constitution - Nor could it be held to be violative of Art. 19(1)(g) of the Constitution in view of the test of reasonableness - Challenge as to the singling out of newspaper industry per se was rejected by the Constitution Bench holding it to be a class by itself- The 1974 amendment Act brought the other employees of newspaper industry (i.e. non-working journalists) into the ambit of the Act and extended the benefits of the Act to them - Thus, the same is also covered as per the reasoning of the Constitution Bench decision - Mere passage of time by itself would not result in invalidation of the Act and its object - Challenge as to the vires of the Act on the premise of it being ultra vires the Constitution and violative of fundamental rights is wholly unfounded, baseless and completely untenable.WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955ss. 9 and 13-C - Government of India Notification dated 11.11.2011 notifying the recommendations of Justice Majithia Wage Boards - Held: As regards constitution of Wage Boards, merely because a person had been in the employment of the Government, he does not cease to become "independent" for the purposes of being a member of the Committee to recommend the fixing of wages - Allegation of bias against independent members of Wage Boards, being based merely on their past status, is entirely baseless in law and amounts to imputing motives - Administrative law - Legal bias.ss. 9 and 13 - Composition of Wage Boards - Held: To have common representatives of the employers on the two Wage Boards, four independent members, including the Chairman being common for both the Wage Boards, and separate set of members representing working journalists and members representing non-journalist newspaper employees in no way affects the interest of the employers and the challenge of the petitioners in this regard is unfounded.s.11(1) r/w s.10(1) - Procedure followed by Wage Boards - Held: Wage Board has special powers to regulate its own procedure - As long as it follows the principles of natural justice and fairness, its functioning cannot be called into question on the ground of irregularity in the procedure - In the instant case, detailed questionnaires were issued to newspaper establishments, notices inviting representations were published in 125 newspapers -- Wage Boards conducted a series of meetings and gave ample opportunities to the employers to make their point of view known to the Board by written and oral representation - Court is satisfied that the decision making process stands valid - The petitioners, having eluded to submit the data, cannot be allowed to take advantage of their own wrong and impugn the recommendations of Wage Boards - Further, no prejudice is caused to employers by classifying them in eight categories on the basis of gross turn over - There is no irregularity in the procedure adopted by Wage Boards.s. 10(2) and 12 - Recommendations of Wage Boards and its acceptance by Central Government - Held: capacity of newspaper industry to pay is one of the essential circumstances to be taken into consideration while fixing rates of wages under the Act - Comprehensive and detailed study has been carried out by Wage Boards by collecting all relevant materials for the purpose of wage revision - Recommendations are arrived at after weighing the pros and cons of various methods in the process and principles of wage revision in modern era - It cannot be held that the wage structure recommended by Majithia Wage Boards is unreasonable - As regards the issue of wages for News Agencies to be fixed separately and independently, in view of limited jurisdiction to look into this aspect, it would be inapposite for the Court to question the decision of specialized board on merits especially when the Board was constituted for this sole purpose - Besides, it is the prerogative of Central - Government to accept or reject the recommendations of Wage Boards - There is no scope for hearing the parties once again by Central Government while accepting or modifying the recommendations, except that modifications are of such nature which alter the character of the recommendations and such modification is likely to affect the parties - Recommendations of Majithia Wage Boards are valid in law and there is no valid ground for interference under Art.32 of the Constitution.Implementation of recommendations of Wage Boards - Held: Wages as revised/determined shall be payable from 11.11.2011, when Government of India notified the recommendations of the Majithia Wage Boards, and as directed in the judgment. |
Judge | Honble Mr. Justice P. Sathasivam |
Neutral Citation | 2014 INSC 82 |
Petitioner | Abp Pvt. Ltd. & Anr. |
Respondent | Union Of India & Ors. |
SCR | [2014] 2 S.C.R. 393 |
Judgement Date | 2014-02-07 |
Case Number | 246 |
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