RAJAN. P. Vs. UNION OF INDIA

JUDGEMENT

(1.) Constitutional validity of S.5(1) (a) (i) of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as 'the Working Journalist Act') is challenged here. Under S.5 of the Working Journalist Act, a Working Journalist who has been in continuous service for not less than three years in a newspaper establishment is entitled to gratuity on termination of his employment otherwise than a punishment inflicted by way of disciplinary action. If he voluntarily resigns from the service after ten years of service also, he is entitled to get gratuity.

(2.) Relevant provisions of S.5 of the Working Journalist Act is quoted below:

(3.) Petitioner commenced service in the second respondent's establishment on 1st August, 1961. After more than 25 years of service he was dismissed from service on 20th June 1988. He was not paid gratuity because under S.5 (1) (a) (i) of the Working Journalist Act, gratuity is not payable if service is terminated as a punishment inflicted by way of disciplinary action. Gratuity is payable under the Payment of Gratuity Act (hereinafter referred to as 'the Gratuity Act'), under such circumstances. Under S.4 (6) of the Gratuity Act, gratuity can be denied for dismissal or termination of service only on the following contingencies: