If Claim For Dues Under Working Journalists Act Is Denied By Employer Newspaper, Labour Court Can Decide Not State: Bombay HC [Read Judgment]

The Bombay High Court has ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees and Miscellaneous Provisions Act, 1955, claim recovery of dues from their employer and same is denied by the employer, then the state or its delegate must refer the matter to a Labour Court.Justice SC Gupte passed the judgment in a batch of. The Bombay High Court has ruled that when employees of newspapers under the Working Journalists and Other Newspaper Employees and Miscellaneous Provisions Act, 1955, claim recovery of dues from their employer and same is denied by the employer, then the state or its delegate must refer the matter to a Labour Court. In September 2016, the said employee filed an application before the Assistant Labour Commissioner, Mumbai, claiming recovery of arrears of wages due to him under the Majithia Wage Board Award that recommended wages and emoluments of working journalists and other newspaper employees, which were accepted by the Government of India. If there is any question or contest as to the amount due, it must be referred to a Labour Court constituted under the Industrial Disputes Act or other corresponding law relating to investigation and settlement of industrial disputes.” Thus, the court directed the Assistant Labour Commissioner to refer each application in the matter to the Labour Court and said: “Whenever a claim for recovery of amount due is contested by the employer newspaper establishment and adjudication or determination of the amount due is called for, the State Government or its delegate has to stay its hand and necessarily refer it to the Labour Court constituted under the Industrial Disputes Act and await an adjudication by that Court.