Case Note & Summary
The petitioner, All India Reporter Private Limited, a company incorporated under the Companies Act, 1956, is engaged in publishing law journals. The journals have been held to be newspapers, and the Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955 (Act of 1955) applies to the petitioner. The third respondent, a trade union of employees, raised a monetary dispute and moved an application under Section 17 of the Act of 1955 before the Additional Commissioner of Labour. On 23 July 2018, the Additional Commissioner of Labour, exercising powers under Section 17(2) of the Act of 1955, referred the dispute to the Labour Court, Nagpur, for adjudication regarding classification of the petitioner's establishment. The Union filed a statement of claim on 27 September 2018, claiming difference of wages payable under the Majithia Wage Board Award from 1 July 2010. The petitioner filed a written statement and a preliminary objection challenging the jurisdiction of the Additional Commissioner of Labour to refer the dispute under Section 17(2), arguing that the government must first adjudicate the existence of the dispute under Section 17(1). The Labour Court, by order dated 8 August 2019, rejected the preliminary objection and held that it had jurisdiction to adjudicate the reference. The petitioner challenged this order by way of writ petition. The High Court examined the scheme of Section 17 of the Act of 1955, noting that Section 17(1) empowers the government to form an opinion on the existence of a dispute and refer it, while Section 17(2) is an independent provision allowing the government to refer a dispute to the Labour Court without such prior opinion. The Court held that the power under Section 17(2) is not dependent on Section 17(1) and can be exercised suo motu or on application. The Labour Court's decision was upheld, and the writ petition was dismissed. The Court also noted that the petitioner had not challenged the reference on any other ground and that the Labour Court could proceed with the adjudication on merits.
Headnote
A) Industrial Law - Working Journalists Act - Reference under Section 17(2) - Jurisdiction of Labour Court - The issue was whether the Additional Commissioner of Labour could refer a dispute under Section 17(2) of the Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955 without first determining the existence of the dispute under Section 17(1). The Court held that Section 17(2) confers an independent power on the government to refer a dispute to the Labour Court, and the government is not required to form an opinion under Section 17(1) before making a reference under Section 17(2). The Labour Court has jurisdiction to adjudicate the reference. (Paras 2-10) B) Industrial Law - Working Journalists Act - Reference under Section 17(2) - Preliminary Objection - The employer raised a preliminary objection that the reference was invalid because the government did not first adjudicate the dispute under Section 17(1). The Court rejected this objection, holding that the power under Section 17(2) is independent and can be exercised suo motu or on application. The Labour Court correctly held that it had jurisdiction to consider the reference. (Paras 2-10)
Issue of Consideration
Whether the Additional Commissioner of Labour had jurisdiction to refer the dispute under Section 17(2) of the Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955 without first adjudicating the existence of the dispute under Section 17(1) of the said Act.
Final Decision
The writ petition is dismissed. The order of the Labour Court dated 8/8/2019 is upheld. The Labour Court has jurisdiction to adjudicate the reference. No order as to costs.
Law Points
- Section 17(2) of the Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act
- 1955 empowers the appropriate government to refer a dispute to the Labour Court without first adjudicating the existence of the dispute under Section 17(1)
- the power under Section 17(2) is independent and can be exercised suo motu or on application
- the Labour Court has jurisdiction to adjudicate the reference even if the government did not form an opinion under Section 17(1)
- the employer's objection to jurisdiction is not maintainable.
