NARKESHARI PRAKASHAN LIMITED Vs. NAGPUR PRESS KAMGAR SANGH

JUDGEMENT

(1.) THESE two L. P. As. arise out of the common judgment rendered by the learned Single Judge in two writ petitions preferred by the two trade unions who had on behalf of the employees sought to be retrenched by the appellant challenged in the writ petitions the order passed by the Secretary (Labour), Industries. Energy and Labour Department, dated 24-7-1991 granting permission to Narkeshari Prakashan Limited which runs daily newspaper "tarun Bharat", to retrench 19 workmen subject to the conditions laid down in the said order dated 24-7-1991.

(2.) THE facts are that the appellant which is a Public Limited Company registered under the Companies Act purchased the daily newspaper "tarun Bharat" in or about 1949. Three to four years thereafter, it launched Hindi daily by name "yugdharm". The work of composing of these two newspapers was done at that time by the hand compositors engaged by the appellant. In the year 1963-64, the appellant purchased and installed three Mono Composing Machines. According to the appellant these three machines operated in two shifts and there were about 23 or 24 employees required to operate them. The appellant then installed in 1965 one Lino Composing Machine which was also working in two shifts and required about 4 or 5 operators to operate the same.

(3.) IT is the case of the appellant that the work of operating these machines was highly technical and a skilled one requiring extensive training. Further, according to it the hand compositors engaged by the appellant were not in a position to cope up with such technical work and therefore, the majority of the operators employed on these machines were from outside. However, according to the appellant, even after installation of these machines, the appellant did not effect any retrenchment of employees doing the work of hand composing because the said work in regard to the daily "yugdharm" was still done by its hand compositors. The hand compositors in the appellant company, therefore, did the work of hand composing of "yugdharm" and a very small quantity of work of hand composing of advertisement of "tarun Bharat". Their conditions of service thus remained unaffected by reason of installation of the above machines. The fact that because of installation of the above machines there was no retrenchment of employees doing hand composing work is not in dispute between the parties.