THE MANAGEMENT OF EXPRESS NEWS PAPERS (P) LTD., MADRAS Vs. THE PRESIDING OFFICER, LABOUR COURT HYDERABAD
HIGH COURT OF ANDHRA PRADESH
The Management Of Express News Papers (P) Ltd., Madras
The Presiding Officer, Labour Court Hyderabad
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JAGAN MOHAN REDDY,J. -
(1.) This petition raises the question of jurisdiction of the Labour Court to entertain a reference by the Government under Section 9(2) of The Working Journalists (Fixation of Rates of Wages) Act, 1958 (Act No. XXIX of 1958). It appears that 2nd respondent was a working journalist working for the petitioner-newspapers. He was dismissed on 16-5-1959. About thirteen days thereafter, on the 29th of May, 1959 the report of the Wage Committee appointed under the said Act was accepted by the Government and the report was published in the Gazette under which the wages of the working journalists have been increased and revised from 1-6-1958. The claim of the 2nd respondent is that he is entitled to the benefits of that recommendation while the employer the petitioner contends that he is not so entitled as he was not a working journalist on the date when the report was published. He also raised certain other objection to which I need not now refer because they are germane to the merits of the case.
(2.) The first contention is that under Section 9(2) of the Act the Government have not specifically stated that the Act is applicable to the journalists. Secondly it is contended that all the provision of the Industrial Disputes Act are made applicable to this case which is not warranted under Section 9(2) of the Act. Thirdly it is contended that the dispute can only be with respect to a person who is in service. These contentions in my view are untenable.
(3.) In so far as the first contention is concerned, the Government has by notification under section 9(2) of the Act referred the matters in the Annexure for adjudication to the Labour Court. The Annexure relates to the following three questions which have been referred:
"(1) Whether Sri T.V. Krishan is entitled to be paid salary at the rates specified by the Wage Committee for working journalists enforced by the Government of India?
(2) If so, with effect from what date the payment at such rates should be made, and
(3) The total amount that would be due to him at such rates.";
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