STERLING NEWSPAPER PVT LTD Vs. RAJESH VESMAKER

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This writ petition challenges an award passed by the Labour Court at Mumbai in a reference made to it under Sec. 10 of the Industrial Disputes Act, 1947.

(3.) The case of the Respondent workman in his statement of claim before the Labour Court was that he was employed with the Petitioner since 20 Jan. 1986 and worked continuously till 16 March 2001 when his services came to be terminated. Initially, the Respondent was working in Sterling Newspaper Pvt.Ltd., which was engaged in publication of various periodicals. On 1 Oct. 1990, Sterling Newspaper Pvt.Ltd. was taken over by Indian Express (Bombay) Ltd. Then, in 1995, Sterling Newspaper Pvt.Ltd. was transferred to Indian Express (Madurai) Group, Chennai and later on, it came to be named as "The New Indian Express, Madurai". The Respondent was chargesheeted for an alleged misconduct as per Industrial Employment Standing Orders Act. An inquiry was conducted against him in which he was found guilty of the charge levied. Based on the report of the Inquiry Officer, his services were terminated vide dismissal order dated 16 March 2001. Aggrieved by the order of dismissal, the Respondent filed a complaint under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. During the pendency of the complaint, the Petitioner closed its establishment on 14 Oct. 2001. In its order passed on the complaint, the Labour Court held the inquiry to be fair and proper and findings as not perverse. It, however, held the punishment to be shockingly disproportionate and accordingly, set aside the dismissal and ordered the Petitioner to pay 50% backwages from the date of his dismissal, i.e. from 16 March 2001, till the date of the closure, i.e. till 14 Oct. 2001, plus a compensation of Rs.20,000/ in lieu of reinstatement. Pursuant to the order of the Labour Court, the Respondent filed a recovery application where the Petitioner deposited the amount. The Respondent was allowed to withdraw the amount and the recovery application was disposed of vide order dated 8 Oct. 2010. The Respondent, however, thereafter raised a new dispute claiming difference of wages as per awards of two Wage Boards, known as "Bachawat Wage Board" and "Manisana Wage Board". It was the case of the Respondent that with effect from 1 Jan. 1988, when he was working with Sterling Newspaper Pvt.Ltd., he was governed by 'the Bachawat Wage Board Award For Working Journalists and Nonjournalist Newspaper Employees' and accordingly entitled to wages on the basis that the newspaper establishment was classified as Class VI. (Newspaper establishments were classified between Classes I to IX based on their gross revenue in the Bachawat Award. At the relevant time, i.e. on 1 Jan. 1988, Sterling Newspaper Pvt.Ltd. fell within Class VI of that classification, its gross revenue being above Rs.1 crore but below Rs.2 crores.) It was his case that on and from 1 Oct. 1990, after Sterling Newspaper Pvt.Ltd. was taken over by Indian Express (Bombay) Ltd., the establishment was liable to be classified as Class I, since the gross revenue of the combined establishment, namely, of Sterling Newspaper Pvt.Ltd. and Indian Express (Bombay) Ltd., was between Rs.50 crores and Rs.100 crores. It was further his case that after Sterling Newspaper Pvt.Ltd. was taken over by Express Publications (Madurai) Ltd. on 1 Feb. 1995, the establishment was liable to be classified under Class 1A of Bachawat Award, since its combined gross revenue was above Rs.100 crores. Bachawat Wage Board Award was applicable till 31 Dec. 1997. It was submitted that with effect from 1 Jan. 1998, wages and other conditions of newspaper employees were governed by another wage board award known as "Manisana (Wage Board) Award", according to which the Respondent's dues ought to have been calculated with effect from 1 Jan. 1998 and till the closure of the establishment on 14 Oct. 2001.