AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Acts
  • Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
  • ARTICLE 227 CONSTITUTION OF INDIA
  • Section 10 of the I.D Act
  • Section 12 of the I.D Act
  • Rules 144(i)(b)
  • Section 2(s)
  • Section 2(d)
  • Section 2(f)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Judges
Acts
  • Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955
  • ARTICLE 227 CONSTITUTION OF INDIA
  • Section 10 of the I.D Act
  • Section 12 of the I.D Act
  • Rules 144(i)(b)
  • Section 2(s)
  • Section 2(d)
  • Section 2(f)
Smart Summary

Legal Opinion Summary: United News of India v. Labour Court Jabalpur (D.M. Dharmadhikari, J.)

Factual and Procedural Background

The petitioner, United News of India (UNI), is admitted to be a "News Paper Establishment" under Section 2(d) of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 ("Act of 1955").

The petition under Article 227 challenged an award passed by the Labour Court, Jabalpur, on reference under Section 10 of the Industrial Disputes Act (I.D. Act). The Labour Court had directed reinstatement of respondent No. 3 (the workman) as Bureau Chief with full back wages.

Material factual history as recited in the opinion:

  • The employee began working for the petitioner on 8.11.1967 as a "stringer" (a news reporter engaged often on a freelance basis).
  • He was paid a small honorarium initially (Rs. 30, later Rs. 125 per month) and alleged that in 1979 his services were discontinued after the petitioner deputed one B.N. Jha as Bureau Chief at Jabalpur.
  • The employee raised an industrial dispute before the Assistant Commissioner, Jabalpur Division. During conciliation the employee claimed the employer agreed to appoint him as Bureau Chief on a specified pay scale with continuity of service, but the employer ultimately did not issue the appointment letter and conciliation failed.
  • The dispute was referred to the Labour Court by order dated 10.1.84. The Labour Court found illegal retrenchment contrary to Section 3 of the Act of 1955 read with provisions of the I.D. Act and awarded reinstatement with back wages, apparently on the post of Bureau Chief.

Legal Issues Presented

  1. Whether the employee fell within the definition of "working journalist" under Section 2(f) of the Act of 1955 (and thereby as a "workman" entitled to protection under the Act), despite being enrolled as an Advocate on the rolls of the Bar Council.
  2. Whether any settlement was reached in the course of conciliation (and properly reported under Section 12 of the I.D. Act) such that the reference under Section 10 would have been incompetent.
  3. Whether the Labour Court was justified in directing reinstatement of the employee specifically to the post of Bureau Chief where no formal appointment order had been issued.
  4. Whether the Labour Court properly awarded full back wages without further inquiry into the employee's earning status after termination and whether such back wages were limited by the age of superannuation (58 years).

Arguments of the Parties

Petitioner's (Employer's) Arguments

  • The employee was not a "working journalist" under Section 2(f) because he remained enrolled as an Advocate on the Bar Council roll; a person enrolled as an Advocate cannot be said to have journalism as his "principal avocation."
  • Reliance was placed on authority (State of Punjab v. Gurudarshan Singh Grewal and News Paper Publishers (Pvt.) Mangalore v. Their Workmen) to support the proposition that an enrolled/practising Advocate or persons employed contrary to statutory prohibition are not within the relevant definitions.
  • Bar Council Rules (Rules 144(i)(b) and (ii) of the State Bar Council Rules of M.P.) prohibit full- or part-time employment in other services by an Advocate without permission, implying the employee could not validly claim working-journalist status.
  • The dispute, the petitioner contended, had been settled during conciliation (so the reference under Section 10 was incompetent) or at least the dispute related only to the nature/implementation of the settlement.
  • The Labour Court had no justification to order reinstatement to the Bureau Chief post because no appointment letter was actually issued; and there was no justification for awarding full back wages without inquiring whether the employee earned anything after termination. Back wages, petitioner argued, should not extend beyond the age of superannuation (58 years).

Respondent's (Employee's) Arguments

  • Evidence before the Labour Court demonstrated the employee's principal avocation was journalism; although he remained on the Bar Council rolls, he was not in active legal practice during his employment with the establishment.
  • Even if there was a breach of Bar Council Rules, that could expose the advocate to disciplinary action, but it would not deprive him of his status as an employee of the newspaper establishment.
  • Conciliation did not result in a formal settlement reported by the conciliator; the employer had only made a show of agreeing and had ultimately backed out.
  • The employee consistently maintained he was working full-time as a journalist and there was no evidence produced by the employer to show that he earned income from legal practice or was gainfully employed after termination.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
State of Punjab v. Gurudarshan Singh Grewal, 1994 Supp (2) SCC 107; A.I.R. 1993 S.C. 2482 Held that a practising Advocate who became part-time Administrator General and official Trustee-cum-Treasurer could not claim status as a government servant under Article 311 (distinguishing based on nature of duties and appointment). The Court distinguished this decision on facts: in the present case the employee (though enrolled as an Advocate) was principally employed as a journalist and could therefore claim status of "working journalist" under the Act of 1955.
News Paper Publishers (Private Ltd.) Mangalore v. Their Workmen (by S.K. Press Workers Union), 1965 Vol. II L.L.J. 315 (Mysore High Court) Denial of 'workman' status under Section 2(s) to a child labourer employed contrary to statutory prohibition in the Factories Act (i.e., where legal prohibition prevented classification as a workman). The Court found the Mysore High Court decision distinguishable because there is no statutory prohibition preventing an enrolled Advocate from working as a journalist; any infraction of Bar Council Rules would lead to disciplinary action but not to denial of 'working journalist' status under the Act of 1955.
S.T.P. Ltd. v. First Industrial Tribunal, W.B., 1995 LIC 1517 (Calcutta High Court, Single Judge) Addressed issues concerning conciliation and whether a reference was competent where settlement issues arose (as cited by petitioner). The Court held that this authority was of no assistance to the petitioner on the facts of the present case because, on the record here, there was no formal or reported settlement made by the conciliator under Section 12 of the I.D. Act.

Court's Reasoning and Analysis

The court's reasoning proceeds through discrete legal inquiries tied to the facts and record before the Labour Court:

  1. Status as "working journalist":
    • The court examined the evidence recorded before the Labour Court and concluded that the employee's "principal avocation" was journalism despite his name remaining on the rolls of the Bar Council.
    • The court relied on the inclusive definition of "working journalist" in Section 2(f) of the Act of 1955 (which expressly includes reporters, correspondents and stringers) to conclude the employee was a "working journalist" and therefore a "workman".
    • Because Section 3 of the Act of 1955 makes Section 25-F of the Industrial Disputes Act applicable to working journalists, the Labour Court was competent to entertain the dispute and grant relief.
  2. Distinguishing precedents relied upon by the petitioner:
    • The Supreme Court decision relied on by the employer concerned a practising Advocate claiming a government-servant status under Article 311 after accepting an administrative/official appointment — facts differing materially from this case; hence it was distinguishable.
    • The Mysore High Court decision involved denial of workman status to child labourers employed in contravention of the Factories Act — again distinguishable because there is no statutory prohibition preventing an enrolled Advocate from taking up journalistic work.
    • The court emphasized that possible disciplinary action by the Bar Council for breach of its rules would not, by itself, deprive the employee of statutory protection as a working journalist absent a contrary provision in the Act of 1955.
  3. Whether conciliation resulted in a binding settlement:
    • The petitioner asserted that conciliation had produced a settlement, rendering a reference invalid.
    • The court reviewed the record: the document said to be the terms of settlement (Annex. J) was signed only by the employee and not by the employer; no conciliator's report under Section 12 of the I.D. Act was produced (the parties said the record had been lost or destroyed).
    • The reference was endorsed to the Assistant Labour Commissioner who had acted as conciliator; the employee's testimony indicated that the employer had only "made a show" of agreeing and never issued the appointment letter (Annex. X).
    • Conclusion: there was nothing on record to show a formal settlement had been reached and reported under Section 12, so the reference for adjudication was competent.
  4. Reinstatement to the post of Bureau Chief:
    • The court accepted that although conciliation may have included an offer, the alleged appointment letter for the Bureau Chief post was never issued. The employee's standing appointment remained as stringer.
    • Therefore, while the Labour Court's finding of illegal retrenchment and order for reinstatement with back wages was sustainable, it could not properly be sustained insofar as it ordered reinstatement to the Bureau Chief post where no appointment had been made.
    • The correct relief, on the record, is reinstatement to the post held in fact — stringer — rather than Bureau Chief.
  5. Back wages:
    • Back wages were one of the terms of reference to the Labour Court. The employee consistently maintained he worked full-time as a journalist and the employer failed to produce evidence that the employee obtained earnings from legal practice or was gainfully employed after termination.
    • The court found no justification to direct a further enquiry into entitlement to back wages given the absence of contrary evidence on the record.
    • However, the court limited entitlement to arrears of back wages only up to the date on which the employee attained the age of superannuation (58 years), thereby placing a temporal cap on the award.

Holding and Implications

Holding: Petition Partly Allowed.

The court's core rulings and direct consequences:

  • The Labour Court's award finding illegal retrenchment and directing reinstatement with back wages is upheld, but only in respect of the post of stringer (the post the employee actually held). The reinstatement to the post of Bureau Chief is not sustained because no appointment order for that post was ever issued.
  • The employee is entitled to arrears of back wages, but only up to the date he attained the age of superannuation (58 years).
  • The petition succeeds in part: no costs are ordered, and any security deposit in custody is to be returned to the petitioner.

Implications beyond the parties: The opinion confines its decision to the facts and statutory text before it. It distinguishes authorities relied upon by the petitioner on factual grounds and emphasizes that disciplinary exposure under Bar Council rules does not automatically negate a person's statutory status as a "working journalist" under the Act of 1955. The opinion does not announce a new broad precedent beyond these fact-specific applications.

Disposition

The petition is partly allowed: the Labour Court award is maintained insofar as it orders reinstatement and back wages for the post of stringer, with arrears of back wages limited to the date the employee reached 58 years of age. No order as to costs; security amounts, if any, to be returned to the petitioner.

    Manager, United News Of India v. Labour Commissioner And Others

    D.M Dharmadhikari, J.:— The petitioner United News of India is admittedly a “News Paper Establishment” as defined in Section 2(d) of the Working Journalist and other News Paper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (Hereinafter referred to in short as the “Act of 1955”)

    2. By this petition under Article 227 of the Constitution of India the award passed by the Labour Court Jabalpur on a reference under Section 10 of the I.D Act directing re-instatement in service of respondent No. 3. Shri H.S Verma as Bureau Chief with full back wages has been challenged.

    3. According to the case of the employee (respondent No. 3) by order issued as back as on 8.11.1967 he came in employment of the petitioner Establishment on the post of stringer. The counsel for the parties explained that' stringer' is a News Reporter and its dictionary meaning is “News Reporter employed on a free lance basis often out of town or foreign locations”. According to the respondent employee he was paid a very meagre honorarium initially of Rs. 30/- increased to Rs. 125/- per month. In the year 1979 the petitioner Establishment deputed one Shri B.N Jha as Bureau Chief at Jabalpur and the services of the respondent employee were discontinued. He, therefore, raised an industrial dispute before the Assistant Commissioner, Jabalpur Division, Jabalpur. According to the employee in the course of conciliation the employer agreed to issue an appointment order in his favour on the post of Bureau Chief on a pay scale of Rs. 850-2020/- with grant of continuity of service, but ultimately the employer backed out and the conciliation resulted in failure. Thereafter reference of industrial dispute concerning termination of his services and his entitlement for the relief's claimed by him was referred for adjudication to the Labour Court under terms of reference contained in the order of reference dated 10.1.84 (Annexure. M). Accepting the case of the workman and holding it to be one of illegal retrenchment contrary to the provision 3 of the Act of 1955 read with the provisions of I.D Act, the Labour Court made award directing reinstatement with back wages of the respondent employee on the post of Bureau Chief.

    4. Shri R.K Gupta, learned counsel appearing for the employer assails the award on several grounds of facts and law. Firstly, it is argued that the employee was not covered by the definition of ‘Working Journalist’ under Section 2(f) of the Act. It is submitted that before the Labour Court and in this Court the employee never disputed the fact that even while working as stringer under the petitioner Establishment he continued to be enrolled as an Advocate in the Bar Council of Madhya Pradesh. Such a person who is enrolled as an Advocate cannot be held to be a person “whose principal avocation is that of a journalist”, to be included within the definition of “working journalist”. Reliance is placed on a decision of Supreme Court in the case of State of Punjab v. Gurudarshan Singh Grewal, 1994 Supp (2) SCC 107 , A.I.R 1993 S.C 2482 and a decision of Division Bench of Mysore High Court (as it was called then) reported in News Paper Publishers (Private Ltd.) Mangalore v. Their Workmen (by S.K Press Workers Union), 1965 Vol. II L.L.J 315 Learned counsel appearing for the employer also referred to Rules 144(i)(b) and (ii) of the State Bar Council Rules of M.P framed under the Advocates Act to show that full or part time employment in any other services by an Advocate without permission of the State Bar Council, is prohibited.

    5. Shri Ravindra Shrivastava, learned counsel appearing for the employee on the first ground urged in his reply submitted that evidence was recorded of the parties before the Labour Court and it has no where been demonstrated that the respondent employee was not devoting full time to work of the news paper establishment. It is submitted that the employee although continued to be shown on the rolls of Bar Council as an advocate, but he was never in active practice during the period he was working in the ‘establishment’. It is also submitted that the Page: 745alleged breach of the Bar Council Rules may expose the petitioner to a disciplinary action of misconduct as an advocate but the petitioner as an employer cannot be heard to say that the employee was not under its employment.

    6. After looking into the relevant part of the evidence on record before the Labour Court, I find that the principal avocation of the employee was of journalist and he was not principally engaged as an Advocate may be that his name continued to be on the rolls of the Bar Council. He is, therefore, clearly included in the definition of ‘working journalist’. A Stringer i.e a News Collector or a correspondent is expressly mentioned in the inclusive definition of ‘working journalist’ under Section 2(f) of 1995 which reads as under:—

    “2(f) “working journalist” means a person whose principal avocation is that of a journalist and who is employed as such, either whole-time or part time, in or in relation to, one or more news paper establishment, and includes an editor, a leader, writer, news-editor, sub-editor, feature writer, copy-tester, reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who—

    (i) is employer mainly in a managerial or administrative capacity; or

    (ii) being employed in a supervisory capacity performs either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;”

    7. An employee who is covered by the definition of ‘working journalist’ as defined in Section 2(f) of the Act 1955 is a ‘workman’ and this legal position has not been disputed by the parties. Section 3 of the Act of 1955 makes applicable provisions of Section 25-F of the Industrial Disputes Act to the ‘working journalist’ and the Labour Court was, therefore, fully competent to entertain the dispute and grant the relief.

    8. The cases of Supreme Court and of Mysore High Court (supra) relied on behalf of the employer are distinguishable on facts. In the Supreme Court case (supra) a practising Advocate came to be appointed as part time Administrator General and official Trustee-cum-Treasurer and claimed status of a Government Servant within the meaning of Article 311 of the Constitution. Such claim of the workman was negatived. In the instant case the Advocate enrolled was mainly and principally employed in the work of ‘journalist’ and, therefore, he could claim status of the working journalist as defined under the Act of 1955. The decision of the Mysore High Court (supra) is also distinguishable, where status of ‘workman’ as defined under Section 2(s) was denied to a child labour who was employed contrary to the statutory prohibition under the Factories Act. There is no such legal prohibition for an enrolled Advocate to take up full time or part time work of journalist. Any infraction of Bar Council Rules may expose the advocate to disciplinary action but he cannot be denied his status, rights and privileges as a ‘working journalist’ under the Act of 1955 in the absence of any provision to the contrary in the said Act.

    9. The next ground urged on behalf of the employer is that in the course of conciliation the dispute had been settled between the parties. On the pleadings before the Labour Court of the parties, it is argued, that the dispute only was with regard to the implementation or the nature of settlement reached during Page: 746conciliation. It is, therefore, submitted that the reference made under Section 10 of the I.D Act as framed was incompetent.

    10. The contention advanced has absolutely no basis on facts. The copy of the terms of settlement is placed on record with the petition as Annex, J. It is apparent from the said document that it has been signed only by the employee and it has not been signed on behalf of the employer by anyone. Under Section 12 of the I.D Act in the event of both failure or success of the conciliation proceedings, the appropriate authority as a conciliator has to make a report to the Central Government in the prescribed form specified in the Rules. This Court directed the parties to produce the record of the conciliation. They were unable to do so and submitted in the course of hearing, that the record is reported to have been lost or destroyed. From the order of reference (Annex. M) it is clear that the copy of the reference was also endorsed to Assistant Labour Commissioner, Jabalpur who had acted as the conciliator. The employee in the witness box before the Labour Court stated that the employer offered to give fresh appointment order to the petitioner on the post of Bureau Chief but admittedly the letter of appointment (Annex. X) filed with the petition, was never issued in favour of the petitioner. The employee stated before the Labour Court that the employer made a show of agreeing for settlement but it was nothing but a dodge.

    11. There is nothing on record for this Court to come to a conclusion that in the course of conciliation any formal settlement was reached and was reported by the conciliator under Section 12 of the I.D Act. In the absence of a settlement, the dispute existed and the appropriate Government was, therefore, competent to make a reference of the dispute for adjudication to the Labour Court. The decision relied in S.T.P Ltd. v. First Industrial Tribunal W.B, 1995 LIC 1517 of learned Single Judge of Calcutta High Court is of no help to the petitioner for the reasons aforesaid.

    12. Lastly, on behalf of the petitioner it is contended that there was no justification for the Labour Court to direct re-instatement of the employee on the post of Bureau Chief. The above argument advanced on behalf of the petitioner has great force. The letter of appointment alleged to have been issued in the Court of conciliation to offer the post of Bureau Chief on a pay scale, was never is fact issued in favour of the petitioner and it is stated by the employee himself that the employer had backed out. In the circumstances, there exists, no order of appointment giving any status of the post of Bureau Chief to the employee. It is likely that he was looking after all the work of the News Paper Establishment at Jabalpur. His letter of appointment, however, is on the post of Stringer and in the absence of any other letter of appointment he throughout continued on that post. The award of the Labour Court directing his re-instatement with back wages is liable to be sustained not on the post of Bureau Chief but only on the post of Stringer.

    13. Before concluding his reply, learned counsel for the employer submitted that there was absolutely no justification for the Labour Court to award full back wages without making any enquiry as to whether after termination the employee was making any earning. It is also submitted that in any case back wages cannot be paid to the employee beyond the age of superannuation of 58 years.

    14. So far as back wages are concerned, that was one of the terms of reference to the Labour Court. The employee had throughout taken a stand that he worked as whole time journalist although continued to be shown on rolls of Bar Council as an Advocate. The employer has not been able to produce any evidence to show before the Labour Court or in this Court that the employee had any earning from the legal practice. There is also no evidence that after his termination he was gainfully employed elsewhere. There is, therefore, no question of directing any further enquiry into the question of entitlement of back-wages. As a result of the discussion aforesaid, the petition only partly succeeds. The impugned award of the Labour Court directing re-instatement of the respondent employee with back wages is maintained only for the post of stringer and not for the post of Bureau Chief. He shall however, be entitled to arrears of back wages only upto the date he has attained the 58 years of age of superannuation. In the circumstances, I make no order as to costs. The amount of security, if any, in deposit be returned to the petitioner.

    15. Petition Partly Allowed.

    Use AI to get other relevant cases.

    Comments

    Manager, United News Of India v. Labour Commissioner And Others
    (Sep 19, 1998)