Rajasthan Patrika challenges constitutional validity of working journalists Act
The Supreme Court on Monday issued notice to the Centre on a writ petition filed by Rajasthan Patrika challenging the notification to implement the recommendations of the Justice Majithia wage board for journalists and non-journalists.
A Bench of Justices Aftab Alam and Ranjana Desai issued notice after hearing senior counsel K.V. Viswanathan, appearing for the petitioner. The Bench granted two weeks to the Centre for filing its response on the main petition and on the application seeking interim stay of the notification. The petition is expected to be listed in the second week of January 2012.
Senior counsel Gopal Jain made a mention that petitions filed by ABP Ltd., publishers of The Telegraph and other newspapers, and Bennett Coleman and Co. Ltd., publishers of The Times of India and other newspapers, and the Indian Newspaper Society challenging the report and the subsequent notification could also be listed along with the writ petition filed by Rajasthan Patrika, and the Bench directed that all the petitions be tagged and listed together.
‘Inherent right'
Rajasthan Patrika had challenged the constitutional validity of the Working Journalists and Other Newspaper Employees (Conditions of Service) and other Miscellaneous Provisions Act, 1955. It said this Act interfered with the prerogative of the management to manage its enterprise, which was an inherent right of every employer and recognised globally.
Referring to the November 11 government notification, the petition said that if the recommendations of the wage board were accepted they would drive many newspapers out of business as the wage board had created unreasonable classification among newspapers without any rational basis.
Interim stay sought
Contending that the notification would amount to overreaching the orders of the Supreme Court when a batch of petitions was pending adjudication, Rajasthan Patrika sought quashing of the notification and an interim stay of its operation.
Nobody could work with hungry stomach. Now Government should take
immediate steps to give pressure to employers and monitor the
implementation of the award in respective States. Make the employees
free from their financial crunch of the family budget.
All the concerned, Govt of India constituted Wage Board on May 2007 for newspaper employees under the prescribed law with Gazetted Notification. Wage Board studied the thoroughly and submitted its interim report for interim relief. Justice Kurup resigned and again Govt Of India appointed Justice Majithia as new chairman. So every step taken by Wage Board is legal. Honb'le Majithia Wage Board given opportunity to everyone who is responsible or concerned but some, much responsible submitted their claim. Majority newspapers did not produce their financial condition. Govt notified as per SC direction. Now Govt's duty to pressure on Employers for implementation. If it goes against the employees, unnecessary industrial unrest will be created. Due to the 6th Pay Commn. Inflation is rising. For betterment life of said employees SC should dismissed the W P filed by 4-5 employers out of thousands. Some are ready to implment it. We are waiting wage revision since 12 years long period.
These media industries are prompt in seeking revision of advertisement tariff from the state and central governments every year citing increasing overhead expenditure. Similarly they hike such rates for the private advertisers too according to their whims and fancies and not follow any rationale. But when it comes to the question of paying for their employees they shrink in their responsibilities and cite press freedom, non-interference by the govt, more expenditure on them etc. First, the Indian media should learn to behave in a fair manner.
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