JAGRAN PARKASHAN LIMITED Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order disposes of the above mentioned writ petition as well as other 64 connected cases, details of which are mentioned at the foot of the order.

(2.) The petitioner has approached this Court in challenge to the order dtd. 13/12/2016 passed by the Assistant Labour Commissioner (ALC) referring two disputes between the petitioning-Jagran Parkashan Limited and its non-journalists and other employees exercising power under Sec. 17(2) of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1 of 11 1955 (in short the 'Act'). The disputes as to money due from the employer arise in the context of the benefits available and claimed under the Majithia Wage Board Award. Indisputably, the disputes fall under Sec. 17 (2) and not Sec. 17(1) of the Act.

(3.) The legal provision conferring jurisdiction on the Assistant Labour Commissioner to make an order of reference to the labour court is cited in the beginning of the impugned order dtd. 13/12/2016, which is the notification dtd. 30/6/2016 issued by the Principal Secretary to Government of Punjab, Department of Labour on behalf of the State Government. This notification, as per the impugned order, authorizes ALCs to exercise powers under Sec. 17(2) while the notification is admittedly restricted to Sec. 17(1) and does not mention Sec. 17(2) of the Act.