JAGRAN PRAKASHAN LTD Vs. JYOTI DHAMIJA

JUDGEMENT

(1.) The petitioner, Jagran Prakashan Limited has invoked the writ jurisdiction of this Court seeking quashing of the order dated 24th November, 2017, passed by the Deputy Labour Commissioner under the Working Journalists & Other Newspaper Employees (Condition of Service and Miscellaneous Provisions) Act, 1955 [in short Working Journalists Act] and consequent Recovery Certificate issued on 30th November, 2017, whereby recovery of Rs. 45,43,782/- has been ordered by the said Authority.

(2.) The petitioner has sought quashing of the order impugned herein inter alia on the ground that in view of the decision of this Court in "The Associated Press through its General Manager vs. Laurinda Keys Long and Anr." , wherein it was held that Section 17 (2) of the Working Journalists Act will apply when disputed questions of facts or disputed question of law or mixed disputed question of facts and law arise. The jurisdiction of the State Government or Authorised Authority was held to be limited under Section 17(1) of the Act and confined to narrow examination for satisfaction whether any amount can be recovered. He has submitted that State Government should have made a reference under Section 17(2) of the Working Journalists Act to the Labour Court for adjudication.

(3.) On 9th July, 2018, learned counsel for the respondent submitted that the respondent has no objection if the impugned order is set aside and a fresh reference may be directed to be made under Section 17(2) of the Working Journalists Act, as has been done in the W.P.(C) 1590/2018 entitled D B Corp. Ltd. vs. Government of N.C.T. of Delhi & Ors. A copy of the order passed in W.P.(C) 1590/2018 was also placed on record and a copy was furnished to the learned counsel for the petitioner.