Bombay High Court Refers Question on Working Journalist Maintainability Under MRTU & PULP Act to Division Bench. Conflict of Single Judge Decisions on Whether Working Journalist is 'Employee' Under Section 3(5) MRTU & PULP Act, 1971 Led to Reference.

Writ petitions challenging orders of the Industrial Court and Labour Court in complaints of unfair labour practice filed by working journalists against newspaper establishments under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Working journalists sought to maintain complaints of unfair labour practice before the Industrial Court under MRTU & PULP Act; newspaper establishments challenged maintainability on the ground that working journalists are not 'employees' under Section 3(5) of MRTU & PULP Act. In WP 3541/2019, Pioneer Book Co. Pvt. Ltd. challenged Labour Court order directing reinstatement of working journalist with full back wages and continuity of service.

Conflict among Single Judge decisions of the Bombay High Court on whether a working journalist is covered by the definition of 'employee' under Section 3(5) of Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971; Single Judge referred the question to a Division Bench.

In WP 9112/2019, Industrial Court dismissed the complaint of Indrakumar Jain holding he is not an 'employee' under Section 3(5) of MRTU & PULP Act. In WP 3541/2019, Labour Court directed Pioneer to reinstate Devendra Pratap Singh with full back wages, continuity of service and arrears of wages; Industrial Court rejected the revision application.

Whether a complaint of unfair labour practice by a working journalist is maintainable before an Industrial Court on the basis that a working journalist is covered by the definition of 'employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.

Arguments before the Single Judge centred on whether working journalists could be considered 'employees' under the MRTU & PULP Act, 1971, with conflicting single judge decisions placed on record.

These Petitions are placed before us upon the reference made by the learned Single Judge to answer the question of maintainability of a complaint of unfair labour practice by a working journalist before an Industrial Court on the basis that a working journalist is covered by the definition of 'employee' under Section 3(5) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. 6. In the premises, the Registry may place this Petition before the Hon'ble the Chief Justice for assigning it to a Division Bench on the question of maintainability of a complaint of unfair labour practice by a working journalist before an Industrial Court on the basis that he is covered by the definition of 'employee' under Section 3(5) of the MRTU and PULP Act, 1971. The provisions of the Industrial Disputes Act, 1947 (14 of 1947), as in force for the time being, shall, subject to the modification specified in sub-section (2), apply to, or in relation to, working journalists as they apply to, or in relation to, workmen within the meaning of that Act.

Complaints of unfair labour practice were filed by working journalists before the Industrial Court/Labour Court under the MRTU & PULP Act. In WP 9112/2019, the Industrial Court dismissed Indrakumar Jain's complaint holding he was not an 'employee' under Section 3(5) of the MRTU & PULP Act. In WP 3541/2019, the Labour Court directed Pioneer to reinstate Devendra Pratap Singh with full back wages, continuity of service and arrears of wages; the Industrial Court rejected the revision application. Writ petitions were filed in the High Court of Judicature at Bombay. Single Judge S.C. Gupte J. noted conflict in earlier single judge decisions and referred the question of maintainability to a Division Bench. The Division Bench reserved judgment on 4 September 2023 and pronounced judgment on 29 February 2024.

• Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971: Section 3(5)
• Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955: Section 2(b), Section 2(d), Section 2(f), Section 2(g), Section 3, Section 3(1), Section 4, Section 5, Section 5A, Section 6, Section 7, Section 8, Section 9, Section 10, Section 11, Section 12, Section 13, Section 13A, Section 13AA, Section 14, Section 15, Section 16, Section 17, Section 20
• Industrial Disputes Act, 1947: Section 2(k), Section 2(s)