MANAGEMENT OF HINDU Vs. PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) IN exercise of the powers conferred on them by Section 9 of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Central Act 45 of 1955), as amended (hereinafter referred to as the Act) the Central Government constituted a Wage Board by a notification dated November 12, 1963, for the purpose of fixing or revising the rates of wages in respect of working journalists in accordance with the provisions of the Act. The Wage Board consisted of representatives of the employers in relation to newspaper establishments, working journalists and independent persons. On receipt of the recommendations of the Wage Board, the Government of India made an order under Section 12 of the Act and it was notified on 27-10-1967. By virtue of the provisions of Section 13, on the coming into operation of the order of the Central Government under Section 12, every working journalist became entitled to be paid by his employer wages at the rates specified therein. In the recommendations of the Board, the working journalists were classified and grouped for the purpose of fixing their rates of wages. One such grouping is found in paragraph 4. 24 (I) (a)--III of the recommendations, which read as follows: Reporter, Sub Editor, Correspondent, News Photographer, Calligraphist Artists, Librarians and Index Assistants and all working journalists other than those mentioned under any other group unless placed higher by the establishment. The newspaper establishments were also classified into various classes, which need not detain us here. Schedule I to the recommendations defines certain words used in the recommendations. "librarian or Index Assistant" is defined' as "a person who prepares and maintains matters relating to news and views which are used as background or filled out for current stories" ; and it is further added that "persons not performing any of these functions shall not be covered. " On the ground that they are Index Assistants, eleven of the employees of the Management of "the Hindu" made a demand for payment of the amounts due to them as per the Wage Board recommendations. One other employee, claiming himself to be an Assistant Librarian, also made a demand for payment on the basis of the Wage Board recommendations. They also communicated to their employers their option for the new scale of pay under the Wage Board recommendations in accordance with paragraph 4. 32. 6 thereof. Since their claims were not accepted or complied with, they filed applications under Section 17 to the State Government, for the recovery of the amounts due to them. Since the Management contested the claims of the said employees, the Government, in G. O. Rt. 570, Labour, dated 5-7-1967, referred under Section 17 (2) the question of recovery of the sums to the Labour Court, Madras, for adjudication. It was contended by the Management before the Labour Court that a Wage Board constituted under the Act could fix or revise the rates of wages in respect of "working journalists" as defined in the Act and they had no jurisdiction to go beyond the definition or create fresh categories of persons not covered by the definition and confer on them the status of working journalists so as to be eligible for the benefits under the Wage Order. They further contended that these employees were appointed Slerks, that they are doing only clerical duties in the Index Department, that they are not preparing or maintaining matters relating to news and views which are used as background or filled out for current stories and that, therefore, they do not satisfy the definition of "librarian or Index Assistant. "

(2.) THE Labour Court accepted originally the contention of the Management that the Wage Board had no jurisdiction to categorize Librarians and Index Assistants as working journalists and in that view, by an order dated 19-12-1971, held that the employees were not entitled to the reliefs prayed for by them. Aggrieved by this award, the employees filed W. P. 1146 of 1971 under Article 226 of the Constitution. This writ petition was allowed on the ground that the Labour Court had exceeded its jurisdiction in declaring that the Wage Board could not have included Index Assistants in the category of working journalists. This order of the learned single Judge was confirmed in appeal and the petition for leave to appeal to the Supreme Court was also not successful. While disposing of the writ appeal, this Court also directed the Labour Court to decide the question whether the employees in this case satisfied the definition of the Wage Board for "librarian or Index Assistant" on the basis of the evidence on record. In the revised order of the Labour Court dated 2011-1973, it was held that except in respect of three of the employees, the duties performed by them clearly satisfied the functional definition of "index Assistant" contained in the recommendations of the Wage Board and that, therefore, they were entitled to the amounts claimed by them. Out of three employees whose petitions were rejected, two were the Labour Court held that merely Photo Filing Clerks attached to the Index Section, that their function was only to file photos, both published and unpublished and supply them as and when required in any department and that, therefore, they cannot be fitted in the definition given by the Wage Board, The third man was held to be merely a clerk who assisted a Librarian under whom he worked and, therefore, it was held that he could not claim the status of a working journalist. As against the findings that nine of the employees satisfied the definition of Index Assistant in the Recommendations of the Wage Board, the Management has filed W. P. 75 of 1974. The employee who was held to be an Assistant to the Librarian and not a working journalist has filed W. P. 627 of 1974, challenging the finding of the Labour Court, The other two employees, who were held to be mere photo filing clerks, have filed W. P. Nos. 628 and 629 of 1974. In- all these writ petitions, the prayer is for the issue of a writ of certiorari to quash the order of the Labour Court in so far as it is against them.

(3.) THE main argument of the counsel for the Management in respect of all these employees was that they were appointed only as clerks, that they are designated as clerks and that they are doing only clerical duties in the Index Department. Their duties are Jo arrange and maintain subject wise an index of published news items and cuttings of important items of news. They do not prepare and maintain any background material for the use of Editorial Department. It was further contended that the photo filing clerk attached to the Index Department does not have any function, apart from filing of photos, both published and unpublished, and supplying them as and when required in any department. Thus, none of them perform any of the functions assigned to the Index Assistant in the Wage Board recommendations and that, therefore, they are not entitled to any benefit as per their recommendations.