MANAGEMENT PF PRAJATANTRA Vs. CUTTACK PRESS WORKERS UNION

JUDGEMENT

(1.) In this writ application, the Management of Prajatantra Prachar Samity, Cuttack has assailed the award passed by the Industrial Tribunal, Bhubaneswar on 31.08.1999 in Industrial Dispute case no.4 of 1993 directing regularization of the services of the workmen with immediate effect. The State Government referred the dispute to the Industrial Tribunal under sub-section (5) of Section 12 read with Clause D of sub-Section (1) of Section 10 of the Industrial Disputes Act, 1947, hereinafter referred to as the 'Act', for brevity, to determine the following questions:

(2.) The Management filed its written statement, inter alia, pleading that it has to do away with the obsolete manual composing and switched over to Web Off set printing, HMT colour off-set press, computerized D.T.P. composing system replacing the manual composing to cater to the demands of the readers. For undertaking such modernization it had to raise a loan of Rs.55 lakhs from different financial institutions. It is indicated that all newspapers in Orissa have since switched over to the new process of computerized composing and with a view to meet the challenges, the updated technology was adopted by the Management for a bare survival.

(3.) The Management emphasized that the interest of the industry has privacy in the face of keen competition and improved technology and no choice is left with the Management to retain old system of the composing and continue to employ the temporary workmen on permanent basis. The Management has already changed over to the D.T.P. process as may be evident in pages 4 nd 5 of the news daily 'Prajatantra' and it is about to replace computerized composing of all the pages where manual composing was being adopted. In view of the re-structured plant and Machinery with the advent of new technology, the members of the second party cannot claim to be regularized. The Management further pleaded that it represents a Trust established to develop arts, culture and literature in the State and it has its humble contributions for the development of the State. It has no oblique intention of making profit but with a view to thriving in the market and surviving in the competition, updating of the printing technology has become inevitable together with readjustment and re-structuring of the work force. On these premises, the Management has contended that the claim of the workman is misconceived and has no bearing on the requirement of the establishment. Denying the averments made in the claim statement, it is pleaded that the reference made by the Government must be answered in negative.