THE HIND SAMACHAR LIMITED Vs. RAJINDER KUMAR GUPTA

JUDGEMENT

(1.) THIS writ petition under Articles 226/227 of the Constitution of India seeks issuance of a writ in the nature of certiorari quashing the award dated 11,9.2000 passed by the Presiding Officer, Industrial Tribunal -cum -Labour Court, U.T. Chandigarh (hereinafter referred to as the Labour Court).

(2.) THE petitioner, The Hind Samachar Limited, publishes newspapers from various places including the State of Punjab, Ambala and Delhi, The petitioner has been categorised as Group II! newspaper establishment in the Report of the Wage Boards for Working Journalists and Non -journalist Newspaper Employees (hereinafter referred to as "the Bachawat Wage Board") for working journalists and non -journalists employees. The Bachawat Wage Board has recommended the pay scale of Rs. 2485 -115 -3060 -130 -3710 -145 -4435 -160 -5235. Under Section 17.2 of the Award, it has been provided that a part -time correspondent shall be paid not less than 1/3 of the basic pay of full time correspondent in addition to payment on column basis. Respondent No.1 Rajinder Kumar Gupta was enrolled as an Advocate in the year 1974. In his application for enrolment, he had given the particulars of working as a Journalist. He was given permission by the Bar Council of Punjab and Haryana for working as a Journalist. Prior to his enrolment as an advocate, he was working as a Press Reporter of a newspaper known as Daily Pradeep, published from Jalandhar. On 25.5.1987, respondent No. 1 made an application to the petitioner for appointment as a legal correspondent. In the application he had stated his qualification to be MA, and LL.B. It is also stated that he is practising as a lawyer at the High Court for the last 13 years. He further stated that he has worked as a legal correspondent of the Indian Express from the years 1977 -85. It is further stated that since 1985, he is working in the same capacity for the Tribune Chandigarh. He further stated that he had already worked for the petitioner as a legal correspondent for more than 5 years. This application was accepted by the petitioner. By order dated 2.6,1987, respondent No. 1 was appointed as a part -time legal correspondent on the terms and conditions mentioned in the letter of appointment. These were as follows : -

(3.) THAT no other allowance or expenses whatsoever will be paid to you except your retainership allowance of Rs. 350/ -per month.