RAJASTHAN PATRIKA PVT. LTD. Vs. RAVI JAISWAL

JUDGEMENT

(1.) By this common order, MP No. 1116/2019 and MP No.1093/2019 involving the same question of fact and law shall be also disposed of. For the sake of convenience, the facts of MP 1112 of 2019 shall be referred.

(2.) MP 1112/2019 has been filed against the order dated 06th February, 2019 passed in Case No.81A/ ID Act /2017 by Labour Court, No.1, Gwalior, whereas MP No.1116/2019 has been filed against the order dated 06th February, 2019 passed in Case No.47-A/ ID Act /2017 by Labour Court, No.1, Gwalior and MP No.1093/2019 has been filed against the order dated 06th February, 2019 passed in Case No.84-A/ ID Act /2017 by Labour Court, No.1, Gwalior.

(3.) The necessary facts for the disposal of these petitions in short are that the respondent(s) filed an application under Section 17(1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act , 1955 [in short '' the Act, 1955''] before the Assistant Labour Commissioner, Gwalior, alleging that he is entitled to receive the benefits of wage revision as provided under the recommendations of Majithia Wage Board. Later on, the dispute was sent to Deputy Labour Commissioner, Bhopal by Assistant Labour Commissioner, Gwalior. A show cause notice dated 06th June, 2017 was issued by Deputy Labour Commissioner, Bhopal. The petitioner submitted its objections. The Deputy Labour Commissioner, Bhopal was having only the authority of conciliation and as he was not having any adjudicatory power, therefore, the respondent filed a claim of settlement before Labour Court, No.1, Gwalior claiming revision of wages. The petitioner filed its written statement to the statement of claim and stated that the respondent does not fall within the category of ''employee'' as defined under the Act, 1955 and denied the averments made in statement of claim. The respondent submitted its affidavit on 30 th July, 2018. Thereafter, the respondent filed certain documents along with application dated 04 th October, 2018 including the recommendations of Majithia Wage Board. The said documents were taken on record by the Labour Court. Thereafter, it appears that the petitioner also sought permission to file certain documents in response to the documents filed by the respondent but by the impugned order dated 6 th February, 2019, the Labour Court has refused to take the documents of the petitioner on record, against which the present petition has been filed.