P.SATHASIVAM, J. -
(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: -
(a) Three persons representing employers in relation to Newspaper Establishments; (b) Three persons representing working journalists for Wage Board under Section 9 and three persons representing non - journalist Newspaper Employees for Wage Board under Section 13C of the Act; (c) Four independent persons, one of whom shall be a person who is, or has been a Judge of the High Court or the Supreme Court, and who shall be appointed by the Government as the Chairman thereof.
It is relevant to note that since 1955, six Wage Boards have been constituted for working journalists and four
Wage Boards for non -journalist newspaper employees in
order to fix or revise the rates of wages. The relevant
details of the preceding Wage Boards are as under: -
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(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.