ABP PVT. LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE writ petitions, under Article 32 of the Constitution of India, have been filed by the petitioners (management of various newspapers) praying for a declaration that the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (in short 'the Act') is ultra vires as it infringes the fundamental rights guaranteed under Articles 14, 19(1)(a) and 19(1)(g) of the Constitution of India. The petitioners further prayed for quashing of the notification dated 11.11.2011 issued by the Central Government accepting the recommendations made by Justice Majithia Wage Boards for Working Journalists and Non - Journalist Newspaper and News Agency Employees. Factual Background:

(2.) IT is pertinent to give a vivid background of the case before we advent to decide the issue at hand. Way back in 1955, the Government of India enacted the impugned Act to regulate the conditions of service of Working Journalists and in 1974 via amendment for other Newspaper Employees employed in newspaper establishments. For the purpose of fixing or revising the rates of wages of employees in newspaper establishments, the Central Government is empowered under Sections 9 and 13C of the Act to constitute two Wage Boards, viz., one for the working journalists and other for non -journalist newspaper employees respectively. Likewise, the Act also specifies that the Central Government shall, as and when necessary, constitute these Wage Boards. The composition of the Wage Boards is specified, as mentioned below: -

(3.) THE Government constituted two Boards on 24.05.2007, one for the Working Journalists and the other for Non -Journalist Newspaper Employees under Sections 9 and 13C of the Act under the Chairmanship of Dr. Justice Narayana Kurup. The Chairman and six of the remaining nine members were common to both the Wage Boards. The remaining three members each representing the Working Journalists and Non - Journalist Newspaper Employees had been nominated by their respective Unions. The Wage Boards were given three years' duration to submit their Reports to the Central Government.