Manoj Misra, J. - (1.) This petition assails the reference order dated 23.03.2017 passed by the Deputy Labour Commissioner, Moradabad Region, Moradabad thereby referring a dispute, under Section 17 (2) of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (in short the Act, 1955) to the Labour Court, Bareilly for adjudication of the following issue:- "Whether the establishment of M/s. Amar Ujala Publication Ltd., Delhi Road, Moradabad falls in category (v) or category (iii) as per recommendations of Majithia Wage Board. If it falls in category (iii) then to what benefits Sri Amit Tyagi son of Purshottam Tyagi, Sub-Editor, is entitled for the period 11.11.2011 to 01.09.2016."
(2.) Before proceeding further it would be appropriate to spell out the background giving rise to the aforesaid order of reference.
(3.) The Act, 1955 was enacted to regulate the conditions of service of working journalists and other persons employed in newspaper establishment throughout the country. The Act is a comprehensive piece of legislation dealing with, inter alia, entitlement of gratuity, hours of work, leave as well as fixation of wages payable to the working journalists and non-journalists, newspaper employees, as the case may be. So far as fixation and revision of wages is concerned, section 9 of the Act has left such fixation or revision of wages in respect of working journalists to be dealt with by a Wage Board constituted therein. The recommendations of the Wage Board, if accepted, are to be notified by Central Government under Section 12 of the Act, 1955. Section 13 of the Act, 1955 provides that upon coming into operation of the order of the Central Government under Section 12, every working journalists will be entitled to be paid wages at the rate not less than what has been specified in the order. The Central Government, in exercise of its power under Sections 9 and 13C of the Act, 1955 had constituted two Wage Boards under the Chairmanship of one Dr. Justice Narayan Kurup to determine the wages to be paid to working journalists and non-journalists employees. When Justice Narayan Kurup resigned from its Chairmanship, Justice G.P. Majithia was appointed as Chairman of the two Wage Boards. The Wage Boards headed by Justice Majithia submitted its recommendations to the Central Government on 31.12.2010. The same were accepted by the Central Government on 25.10.2011 and a notification to the said effect, under Section 12 of the Act, 1955, was published on 11.11.2011. Various newspaper establishments affected by the Majithia Wage Board award laid challenge to the recommendations of the Wage Board by filing writ petitions before the Apex Court under Article 32 of the Constitution of India. The aforesaid writ petitions challenging the Wage Board recommendations as well as notification dated 11.11.2011 were dismissed by the Apex Court by its judgment and order dated 07.12.2014 passed in ABP (Private Ltd.) v. Union of India, 2014 3 SCC 327. While dismissing the writ petitions, the apex Court directed "the wages as revised/determined shall be payable from 11.11.2011 when the Government of India notified the recommendations of the Majithia Wage Boards. All the arrears up to March, 2014 shall be paid to all eligible persons in four equal instalments within a period of one year from today and continue to pay the revised wages from April, 2014 onwards.";