Case Note & Summary
The dispute arose under the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, concerning the wage classification of Katibs employed by the management of Daily Pratap, an Urdu daily newspaper published from Delhi. The Central Government had constituted a Wage Board under Section 9 of the Act, which recommended revised pay scales for various categories of working journalists, including calligraphists. The Wage Board defined a calligraphist as an artist who performs journalistic work and also calligraphs matters, and defined an artist as one who prepares drawings, layouts, maps, graphs or other similar embellishments. The Central Government accepted the recommendations and issued Notification dated October 27, 1967 under Section 12 of the Act. The Katibs, who were employed by the appellant, claimed that they were calligraphists and therefore working journalists entitled to the higher scale of wages prescribed for calligraphists in the Wage Board recommendations. The management refused, contending that the Katibs were not calligraphists or working journalists. The dispute was referred to the Labour Court, Delhi, which by Award dated June 5, 1971 in L.C.I.D. No. 19 of 1968 held that the Katibs were calligraphists as defined in the Wage Board Recommendations and entitled to the wage scale. The management appealed to the Supreme Court by special leave. At the stage of special leave, the Court granted leave on all questions except the challenge to the Wage Board's jurisdiction to include calligraphists as working journalists. The appellant argued that the Katibs did not satisfy the definition of 'working journalist' under Section 2(f) of the Act, which requires that the person's principal avocation be that of a journalist and that he be employed as such. The appellant also contended that the Labour Court's finding that the Katibs were calligraphists was erroneous. The respondents argued that the Katibs performed journalistic work such as correcting drafts, substituting words, compressing or enlarging matter, and editing, and also prepared drawings and layouts, thus meeting the Wage Board's definition. The Supreme Court examined the evidence and the Wage Board definitions. It held that to be a calligraphist, three conditions must be satisfied: the person must be an artist, must perform journalistic work, and must also calligraph matters. The evidence established that the Katibs calligraphed matter and prepared drawings and layouts, satisfying the artist requirement. The evidence further showed that they made corrections in drafts, substituted words, compressed and enlarged matter, and sometimes edited, which constituted journalistic work. Therefore, the Katibs satisfied the calligraphist definition. On the issue of working journalist under Section 2(f), the Court relied on its earlier decision in Management of Express Newspapers Ltd. v. B. Soinayajulu, holding that when a journalist is in full-time employment, his principal avocation is that of a journalist, and exclusive employment establishes the employment relationship. Since the Katibs were full-time employees with a master-servant relationship, the Section 2(f) test was also satisfied. The Court further noted that the appellant could not challenge the Wage Board's inclusion of calligraphists as working journalists due to the limited scope of special leave. Accordingly, the Supreme Court dismissed the appeal and upheld the Labour Court award, confirming that the Katibs were calligraphists and working journalists entitled to the higher wage scale prescribed by the Central Government Notification dated October 27, 1967.
Headnote
A) Labour Law - Wage Board Recommendations - Definition of Calligraphist - Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, Sections 2(f), 9, 12 - The Wage Board defined calligraphist as an artist who performs journalistic work and also calligraphs matters; artist is one who prepares drawings, layouts, maps, graphs or similar embellishments. The Court examined whether Katibs met all three conditions. Held that evidence established Katibs calligraph matter and prepare drawings/layouts, and also perform journalistic work by making corrections, substituting words, compressing/enlarging and editing. Therefore they satisfied the definition of calligraphist under the Wage Board Recommendations (Paras 444 E, 445 D-E, 448 D, 449 A-B). B) Labour Law - Working Journalist Definition - Principal Avocation and Employment as Such - Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, Section 2(f) - The appellant contended Katibs did not satisfy the twin conditions of principal avocation as journalist and employed as such. The Court relied on Express Newspapers Ltd. v. B. Soinayajulu to hold that when a journalist is in full-time employment, principal avocation is established, and exclusive employment creates the requisite relationship. Since Katibs were full-time employees with master-servant relationship, the definition was satisfied (Paras 446 G, 447 C-F). C) Labour Law - Wage Board Jurisdiction - Inclusion of Calligraphists as Working Journalists - Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, Section 9 - The appellant's challenge that the Wage Board exceeded jurisdiction by including calligraphists was not open because special leave was granted excluding that question. The Court accordingly proceeded on the basis that Wage Board's inclusion was valid and applied the test of whether the persons satisfied the Wage Board's definition (Paras 446 G).
Issue of Consideration
Whether the Katibs satisfied the definition of 'calligraphist' as per the Wage Board Recommendations and whether they were 'working journalists' under Section 2(f) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955
Final Decision
The Supreme Court dismissed the appeal and upheld the Labour Court award. It held that the Katibs are calligraphists as defined in the Wage Board Recommendations and are working journalists under Section 2(f) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, entitled to the higher scale of wages prescribed by the Central Government Notification dated October 27, 1967.
Law Points
- To qualify as calligraphist under Wage Board
- three conditions: artist
- journalistic work
- calligraph
- Katibs performing corrections/editing are journalistic work
- full-time employment establishes principal avocation as journalist
- once Wage Board includes calligraphists as working journalists
- only test is satisfaction of Wage Board definition
