LAWS(BOM)-2009-10-8

NAVBHARAT PRESS EMPLOYEES UNION Vs. STATE OF MAHARASHTRA

Decided On October 08, 2009
NAVBHARAT PRESS EMPLOYEES UNION Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. The respondents waive service. By consent of the parties, taken up for hearing forthwith.

(2.) The petitioner is a trade union of employees registered under the Trade Unions Act, 1926. Respondent 5 is a Company registered under the Companies Act. It publishes Hindi daily newspaper 'Navbharat' which has huge circulation in the country. It owns a printing press. According to the petitioner, it is filing this petition on behalf of the employees who are its members. Respondent 2 is the Commissioner of Labour, Mumbai. Respondent 3 is the Assistant Commissioner of Labour, Thane and respondent 4 is the Deputy Commissioner of Labour, Thane.

(3.) The gist of the case of the petitioner is as under: (a) The vast majority of the employees employed by respondent 5 at its press are the members of the petitioner-union. The service conditions offered by respondent 5 are very poor and not comparable to other newspaper establishments. The petitioner has repeatedly taken up various causes of the employees. But, respondent 5 has never cooperated and has always opposed all the efforts of the petitioner to ameliorate the service conditions of its members. The service conditions of employees employed in the newspaper undertakings are governed by Wage Board Award of Wage Boards constituted by the Central Government from time to time under the provisions of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (for short, 'the Working Journalists Act'). Last of such award is known as Manisana Wage Award. It came into effect after the notification of the Central Government dated 5/12/2000. (b). The said award classifies the newspaper establishments into 11 classes/categories depending on their gross turnover. Clause 6 of the said award pertains to classification. It reads as under :