The Associated Press, Through Its ... vs Laurinda Keys Long & Another on 31 July, 2009
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that termination was without any cause or reason. 4. The respondent No.1 preferred a petition under Section 17(1) of the Working Journalists & Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ( Act, for short) before the Deputy Labour Commissioner for payment of gratuity by the respondent No.1. By the impugned order, which bears the date 15th February, 2008, Deputy Labour Commissioner has allowed the application under Section 17 (1) of the Act and has directed the WP(C) NO.3783-2008 Page 2 petitioner to pay gratuity to the respondent No.1 of Rs. 45,10,254/- along with the interest @ 12% per annum from 23rd December, 2005. 5. Two questions arise for consideration in the present writ petition. Firstly, whether the Act is applicable and secondly, whether the said order could have been passed by Deputy Labour Commissioner under Section 17(1) of the Act without recourse to proceedings as contemplated under Section 17(2) of the Act. 6. The Act was enacted to regulate conditions of service of working journalists, etc. in the newspaper establishments. Section 1 of the Act states that it extends to whole of India. Section
come to an end. The first issue, therefore regarding applicability of the Act is decided in favour of the respondent No.1. It is held that the respondent No.1 is entitled to protection and benefits under the Act. The petitioner is also bound by the Act being a newspaper establishment and the respondent No.1 was a working journalist as defined for the purpose of the Act. 9. The second issue relates to interpretation of Section 17 of the Act and the jurisdiction of Deputy Labour Commissioner to adjudicate the contentions and defences raised by the petitioner to the application under Section 17 (1) of the Act filed by respondent No.1. Section 17 of the Act reads as under:- "[17. Recovery of money due from an employer.- (1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the WP(C) NO.3783
may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the saidAct or law shall have effect in relation to the Labour Court as if the
amount through the Collector under the Land Revenue Act. The State Government or the authority under Section 17(1) should be WP(C) NO.3783-2008 Page 6 satisfied that the amount is due to the newspaper employee before a certificate is issued. 11. Section 17(2) of the Act stipulates that when any question arises as to the amount due under the Act to a newspaper employee from an employer, the State Government on its own motion or on an application will refer the disputes to the Labour Court under the Industrial Disputes Act, 1947 or corresponding law, if applicable. Section 17(2) applies when a dispute arises about the amount due to the newspaper employee from the employer. The dispute is to be adjudicated by the Labour Court under the Industrial DisputesAct after reference is made by the State Government on its own motion or on an application made. Sub Section (3) to Section 17 stipulates that the amounts determined by the Labour Court under section 17(2) can be recovered under Section 17(1) of the Act. Under Sub-Section (1) to Section 17 of the Act, the State Government or the authority appointed
come to an end. The first issue, therefore regarding applicability of the Act is decided in favour of the respondent No.1. It is held that the respondent No.1 is entitled to protection and benefits under the Act. The petitioner is also bound by the Act being a newspaper establishment and the respondent No.1 was a working journalist as defined for the purpose of the Act. 9. The second issue relates to interpretation of Section 17 of the Act and the jurisdiction of Deputy Labour Commissioner to adjudicate the contentions and defences raised by the petitioner to the application under Section 17 (1) of the Act filed by respondent No.1. Section 17 of the Act reads as under:- "[17. Recovery of money due from an employer.- (1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the WP(C) NO.3783
may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the saidAct or law shall have effect in relation to the Labour Court as if the
amount through the Collector under the Land Revenue Act. The State Government or the authority under Section 17(1) should be WP(C) NO.3783-2008 Page 6 satisfied that the amount is due to the newspaper employee before a certificate is issued. 11. Section 17(2) of the Act stipulates that when any question arises as to the amount due under the Act to a newspaper employee from an employer, the State Government on its own motion or on an application will refer the disputes to the Labour Court under the Industrial Disputes Act, 1947 or corresponding law, if applicable. Section 17(2) applies when a dispute arises about the amount due to the newspaper employee from the employer. The dispute is to be adjudicated by the Labour Court under the Industrial DisputesAct after reference is made by the State Government on its own motion or on an application made. Sub Section (3) to Section 17 stipulates that the amounts determined by the Labour Court under section 17(2) can be recovered under Section 17(1) of the Act. Under Sub-Section (1) to Section 17 of the Act, the State Government or the authority appointed
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