AVISHEK RAJA & ORS. Vs. SANJAY GUPTA

JUDGEMENT

(1.) The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter for short `the Act') was enacted to regulate the conditions of service of working journalists and other persons employed in newspaper establishments throughout the country. The Act is a comprehensive piece of legislation dealing with, inter alia, entitlement to gratuity, hours of work, leave as well as fixation of wages payable both to the working journalists and non-journalist newspaper employees, as may be. So far as fixation and revision of wages is concerned, Section 9 of the Act has left such fixation or revision of wages in respect of working journalists to be dealt with by a Wage Board constituted thereunder. The recommendations of the Wage Board, if accepted, are to be notified by the Central Government under Section 12 of the Act. Section 13 of the Act provides that upon coming into operation of the Order of the Central Government under Section 12 every working journalist will be entitled to be paid wages at the rate not less than what is specified in the Order. Chapter IIA of the Act contains pari materia provisions with regard to non-journalist employees of newspaper establishments.

(2.) Section 16 of the Act provides that the provisions thereof "shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act." The proviso to Sub-section (1) of Section 16 and Sub-section (2) would require a specific notice and are, therefore, being extracted below.

(3.) Section 16A imposes an embargo on the employer for discharging or dismissing any employee "by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under section 12, or under section 12 read with section 13AA or section 13DD".