STATESMAN LIMITED Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) This is an appeal filed by the Statesman Limited directed against the judgment dated 6th July, 2018 passed by the learned Single Judge disposing of the Writ Petition No.6319/2014 filed by the Respondent- Statesman Mazdoor Union ("the Union").

(2.) The background facts are that two Wage Boards were constituted under Sections 9 and 13C of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (the WJ Act) on 2nd September, 1994 by the Government of India. The said Wage Boards submitted their recommendations to the Central Government on 25th July, 2000. On 5th December 2000, a notification was issued by the Ministry of Labour, Government of India in exercise of the powers conferred under Section 12 of the WJ Act. It was stated in the notification that the Central Government had proposed to accept the recommendations of the Manisana Wage Board subject to modifications which, in the opinion of the Central Government, did not cause any important alterations in the character of the recommendations. This was followed by another notification dated 15th December 2000 proposing amendments to the earlier notification dated 5th December 2000, substituting "Table-I" in clause (g) of para-1 of the earlier notification.

(3.) Both the notifications were challenged by M/s. Manipal Media Network Limited in the Karnataka High Court by way of W.P.(C) No.28588/2001 which came to be disposed of by an order dated 1st February, 2006. One of the grounds of challenge was that the aforementioned notifications issued by the Central Government were violative of Section 12 (2) of WJ Act, since no notice was issued to that Petitioner prior to effecting modification to the recommendations of the Wage Board by the Central Government. According to the writ petitioners, those alterations were material and would increase their liability in the payment of wages to the journalists.