N.H.Bhagwati - (1.) THE following Judgment of the court was delivered by :
(2.) THESE petitions under Art. 32 of the Constitution raise the question as to the vires of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), hereinafter referred to as "the Act" and the decision of the Wage Board constituted thereunder. As they raise common questions of law and fact they can be dealt with under one common judgment. In order to appreciate the rival contentions of the parties it will be helpful to trace the history of the events which led to the enactment of the impugned Act. The newspaper industry in India did not originally start as an industry, but started as individual newspapers founded by leaders in the national, political, social and economic fields. During the last half a century, however, it developed characteristics of a profit-making industry in which big industrialists invested money and combines controlling several newspapers all over the country also became the special feature of this development. The Working Journalists except for the comparatively large number that: were found concentrated in the big metropolitan cities, were scattered all over the country and for the last ten years and more agitated that some means should be found by which those working in the newspaper industry were enabled to have their wages and salaries, their dearness allowance and other allowances, their retirement benefits. their rules of leave and conditions of service, enquired into by some impartial agency or authority, who would be empowered to fix just and reasonable terms and conditions of service for Working Journalists as a whole. Isolated attempts were made by the Uttar Pradesh and Madhya Pradesh governments in this behalf. On 18/06/1947, the government of Uttar Pradesh appointed a committee to enquire into the conditions of work of the employees of the newspaper industry in the Uttar Pradesh. On 27/03/1948, the government of central Provinces and Berar also appointed an Inquiry Committee to examine and report on certain questions relating to the general working of the newspaper industry in the province, including the general conditions of work affecting the editorial and other staff off newspapers, their emoluments including dearness allowance, leave, provident fund, pensionary benefits, etc.
(3.) THE committees aforesaid made their reports on the respective dates 31/03/1949 and 2 7/03/1948 making certain recommendations. THE All-India problem, however, remained to be tackled and during the debate in Parliament on the Constitution (First Amendment) Bill, 1951, the Prime Minister said that he was prepared to appoint a committee or a commission, including representatives of the Press, to examine the state of the Press and its content. He elaborated the idea further on 1/06/1951 when he indicated that an enquiry covering the larger issue of the Press, such, as had been carried out in the United Kingdom by the Royal Commission, might be productive of good for the Press and the development of this very important aspect of public affairs. THE idea was further discussed during the debate in Parliament on the Press (Incitement to Crimes) Bill, later named the Press (Objectionable Matter) Act, 1952. At its session held in April 1952 at Calcutta, the Indian Federation of Working Journalists adopted a resolution for the appointment of a Commission to enquire into the conditions of the Press in India with a view to improving its place, status and functioning in the new democratic set up. THE appointment of the Press Commission was thereafter announced in a Communique issued by the Govt. of India, Ministry of Information and Broadcasting, on 23/09/1952 under the Chairmanship of Shri Justice G. S. Rajadhyaksha. The terms of reference inter alia were:- "2. The Press Commission shall enquire into the state of the Press in India, its present and future lines of development and shall in particular examine:- (iv) the method of recruitment, training, scales of remuneration, benefits and other conditions of employment of working journalists settlement of disputes affecting them and factors which influence the establishment and maintenance of high professional standards......................................... ..." The Commission completed its enquiry and submitted its report on 14/07/1954. Amongst other things, it found that out of 137 concerns about whom information was available only 59 were returning profits and 68 showed losses. The industry taken as a whole had returned a profit of about 6 lakhs of rupees on a capital investment of about 7 crores, or less than 1 per cent. per annum. It found that proof-readers as a class could not be regarded as working journalists, for there were proof-readers even in presses doing job work. It came to the conclusion that if a person had been employed as a proof-reader only for the purpose of making him a more efficient sub-editor, then it was obvious that even while he was a proof-reader, he should be regarded as a working journalistbut in all other instances, he would not be counted as a journalistbut as a member of the press staff coming within the purview of the Factories Act. ;