INDIAN EXPRESS PVT. LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue which requires consideration in present case is, "whether Prescribed Authority under Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter referred to as "Act, 1955") can consider a claim filed by workmen under Sec. 17(1) of Act, 1955 despite the it being a disputed claim?"

(2.) Learned counsel for parties have not seriously disputed the legal position with regard to above referred issue that application by a newspaper employees is to be filed under sub-sec. (1) of Sec. 17 of Act, 1955 as per Rule 36 of Working Journalists (Conditions of Service) and Miscellaneous Provisions Rules, 1957 (hereinafter referred to as "Rules, 1957"). That application can be filed before State Government or such authority, as the State Government may specify in that behalf. Where there exists no dispute, the State Government or authority, so specified, upon being satisfied that any amount is so due, shall issue a certificate for that amount to Collector and Collector would, thereafter, recover that amount as an arrears of land revenue. Where a question or dispute arises then a reference is to be made to Labour Court for adjudication of dispute. After adjudicating the dispute, Labour Court has to forward its decision to State Government or authority which made the reference, upon which the amount is to be recovered in the manner provided by sub-sec. (1) of Sec. 17 of Act, 1955. Since Sec. 17, as a whole, creates a single seamless scheme, the State Government, in exercise of its power under sub-sec. (1) can specify an authority to do all acts which it has power to do under Sec. 17 of Act, 1955.

(3.) Respondents-workmen of petitioner-Company, i.e., Indian Express Pvt. Ltd., have claimed that they have provided their services even during period in question, i.e., 1/4/2020 to 28/2/2021, when the country was facing adverse situation due to Covid-19 Pandemic, however, still employer has deducted certain percentage of their monthly salary and since amount was pre-determined, therefore, Prescribed Authority under Sec. 17(1) of Act, 1955 has jurisdiction to allow claim.