Mr. I.D. Dua, J. - (1.) The fate of these three appeals (Civil Appeals Nos. 129 to 131 of 1969) with certificate depends on the short question whether Dinesh Khare is a working journalist as defined in Section 2(f) of the Working Journalists (Conditions of Service and Miscellaneous Provisions) Act 45 of 1955 (here-After called the Act).
(2.) The working Journalists of the Rashtradoot, a dally newspaper, submitted in May 1985, a memorandum to Sri Hazari Lal Sharma, its proprietor, complaining, inter alia, that the interim relief awarded by the second wage board of the working journalists had not been implemented by the management. The second wage board, it may be pointed out, had been constituted by the Government of India under the Act to revise the pay-scales of the working journalists with effect from 1 May 1964. There being no satisfactory outcome of this memorandum, the matter was brought to the notice of the Labour Department and the Deputy Labour Commissioner started conciliation proceeding . During these proceedings a settlement was arrived at on 27 May 1965 which was duly registered in the register of settlement of the Labour Department. According to this settlement, the management of the newspaper had agreed to pay to all of its working journalists employees interim relief in accordance with the award of the said wage board. The working journalists employees, apparently being satisfied with this agreement, withdrew their demand notice. The management paid interim relief under this agreement to all of its working journalists employees except Dinesh Khare. According to the management, Dinesh Khare was not a working journalist. Khare claimed to be entitled as working journalist to get Rs. 25 per mensem as Interim relief with effect from 1 May 1964 pursuant to the award of the second wage board.
(3.) The question of Dinesh Khares claim was then brought to the notice of the conciliation officer by the Working Journalists Union but without any satisfactory result. The Government of Rajasthan thereupon referred the following dispute to the labour court for adjudioation: Whether Dinesh Khare of Rashtradoot, Jaipur, is entitled to any interim relief given by the second wage board and covered under the mutual agreement dated 27 May 19S5, between Rajasthan Working Journalists Union and Rashtra-doot, Jaipur, if so, what amount is he entitled;