THE DAILY MILAP Vs. THE GOVERNMENT OF PUNJAB ETC.
LAWS(P&H)-1975-4-18
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 29,1975

The Daily Milap Appellant
VERSUS
The Government Of Punjab Etc. Respondents

JUDGEMENT

Muni Lal Verma, J. - (1.) THE material facts that led to the filing of this writ petition as well as Civil Writ Petition Nos. 1296, .1297, 1298, 1299, 1449, 1300, 1715, 1716 and 1717 of 1974, may be briefly stated thus:
(2.) THERE are establishments of newspapers and printing presses at Jullundur (hereinafter called the establishments/managements) and there are two Unions of the employees which were registered under the Trade Unions Act, 1925. One of the said Unions is known as the Punjab Working Journalists' Union, Jullundur (hereinafter referred to as -Union No. 1) and working journalists are its members. The other Union, to be hereinafter referred to as Union No. 2, is named as Non -Working Journalists Union. Any workman Who is -working in a newspaper press or in any printing press establishment, i.e., non -working journalist, is eligible to be a member of Union No. 2. A considerable number of the employees working in the establishments of newspaper and printing presses at Jullundur are members of one or the other of the two aforesaid Unions. In the elections of its office bearers, Shri Inderjit Sood was' elected as President and Shri Baljit Singh Pannu as General Secretary of Union No. 1, and membership of this Union extended to 300 workmen, out of which 148 were the working journalists from the different newspaper establishments of Jullundur. Shri Surjit Singh and Shri Kam Labhaya had been elected as President and General Secretary, respectively, of Union No. 2. On account of the price hike, the workmen working in the aforesaid establishments of newspapers as well as Printing Presses, i.e., working journalists as well as non -working journalists, felt the pinch and began to demand increase in their wages in addition to the medical and other relief from their respective employers. At a meeting of the Executive Committee of Union No. 1 held on June 14, 1972, a Committee (hereinafter called the Committee) headed by Shri Inderjit Sood had been constituted for collecting the necessary data and to take up the matter relating to ad hoc relief respecting increase in wages, and to negotiate in that regard with the establishments. Shri Inderjit Sood was further authorised to contact Union No. 2 for forming a permanent Co -ordination Committee of both the Unions for making joint effort to obtain the ad hoc relief. Consequently, on July 3, 1972, letters were addressed to all the establishments giving indication about the resolution of Union No. 1 passed on June 14, 1972, making a demand for ad hoc relief in view of the price rise in the essential commodities with a request for a meeting for discussion over the matter. The said letters were replied by a few managements, who though accepted the request for a meeting yet put off the said meeting for varying reasons. Therefore, on or before July 14, 1972, the Committee met the representatives of the establishments and every one replied that the final reply would be given after consulting the other establishments.
(3.) IN the month of June, 1972, Union No. 1 had submitted a memorandum to Shri Hans Raj Sharma, Labour Minister, Punjab, with regard to demand for increase in wages. On August 18, 1972,. a deputation of the Indian Federation of Working Journalists had met the Prime Minister and submitted a memorandum containing demand for ad hoc relief to the extent of 25 per cent of the wages. It was on September 15, 1972, that the Co -ordination Committee of both the Unions had been formed. Again, letters were sent to the establishments by the said Co -ordination Committee asking for time when the problem with regard to the ad hoc relief could be amicably solved. The aforesaid letters were not responded to by the managements. Again, similar letters were addressed to the establishments on October 5, 1972, and its copies were sent to the Labour Minister, Labour Commissioner, Punjab, and Labour -cum -Conciliation Officer, Jullundur, indicating that requests for time and for a meeting to solve the aforesaid problem had not been responded to by the managements and that the aforesaid issue of ad hoc relief could be settled across the table. It was indicated in the said letters to the managements that if no reply was received within 10 days, it would be presumed that they were not interested in settling the issue by negotiations and the workmen would then be free to take any action as the situation and circumstances would demand. On October 2, 1972, a joint convention of both the Unions was held in the town hall at Jullundur and it was addressed by the Labour Minister, Punjab. An assurance was given by the workmen to the Labour Minister that they would not be taking any drastic step unless the situation went out of control. After the conclusion of the function, about 400 journalists marched in procession in the city -demonstrating their demands, including 25 per cent ad hoc increase in their wages. Since response from the establishments was lacking, Shri Inderjit Sood addressed a letter on October 19, 1972, to the Labour Minister, pointing out the same to him and requesting him to take personal interest in the matter with a view to avoid agitational approach by the workmen.;


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