Case Note & Summary
The case involves a Letters Patent Appeal filed by Nava Bharat Press (Nagpur), a registered partnership firm, against the judgment of a Single Judge dated 08.06.2009 dismissing Writ Petition No. 3853/2000. The writ petition challenged an award dated 24.12.1999 by the Presiding Officer, Industrial Tribunal, Nagpur in Reference I.T. No. 5/1983. The demand by respondent no. 2, Navbharat Shramik Sangh, sought reclassification of the newspaper establishment from Class III to Class II under the Palekar Award, claiming that the average gross revenue of the immediately preceding accounting years was Rs. 2 crores and above but less than Rs. 4 crores. The appellant argued that advertisement revenue should not be included in gross revenue for classification. The court, after considering submissions, held that gross revenue under the Palekar Award includes all revenue including advertisement revenue. The Single Judge had correctly dismissed the writ petition, and the appeal was dismissed with no order as to costs.
Headnote
A) Industrial Law - Working Journalists - Reclassification under Palekar Award - Section 17 of Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 - The dispute pertained to reclassification of a newspaper establishment from Class III to Class II based on gross revenue including advertisement revenue - The court held that gross revenue as per the Palekar Award includes all revenue including advertisement revenue, and the Tribunal's award was correct - Held that the appeal was dismissed (Paras 1-4).
Issue of Consideration
Whether the gross revenue of a newspaper establishment for classification under the Palekar Award includes advertisement revenue, and whether the Industrial Tribunal correctly reclassified the establishment from Class III to Class II based on such revenue.
Final Decision
Appeal dismissed with no order as to costs. The judgment of the Single Judge and the award of the Industrial Tribunal are upheld.
Law Points
- Reclassification of newspaper establishment under Palekar Award
- gross revenue includes advertisement revenue
- Section 17 of Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act
- 1955
- Palekar Award classification based on gross revenue
Case Details
2017 LawText (BOM) (08) 148
Letters Patent Appeal No. 458/2010 in Writ Petition No. 3853/2000
B. P. Dharmadhikari, Arun D. Upadhye
Mr. P. Salunke for Appellant, Mr. A.M. Balpande for Respondent No.1, Shri S.D. Thakuar for Respondent No.2
Nava Bharat Press (Nagpur) through its partner Shri Vinodkumar s/o Ramgopal Maheshwari
Presiding Officer, Industrial Tribunal, (Maharashtra) Nagpur Bench; Workmen of Nava Bharat Press (Nagpur) represented by Navbharat Shramik Sangh
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Nature of Litigation
Letters Patent Appeal against dismissal of writ petition challenging Industrial Tribunal award on reclassification of newspaper establishment
Remedy Sought
Appellant sought to set aside the award of Industrial Tribunal and the judgment of Single Judge dismissing writ petition
Filing Reason
Appellant challenged the reclassification of its newspaper establishment from Class III to Class II under Palekar Award based on gross revenue including advertisement revenue
Previous Decisions
Industrial Tribunal award dated 24.12.1999 in Reference I.T. No. 5/1983 reclassified the establishment; Single Judge dismissed Writ Petition No. 3853/2000 on 08.06.2009
Issues
Whether gross revenue for classification under Palekar Award includes advertisement revenue
Whether the Industrial Tribunal correctly reclassified the newspaper establishment from Class III to Class II
Submissions/Arguments
Appellant argued that advertisement revenue should not be included in gross revenue for classification under Palekar Award
Respondent union supported the Tribunal's award and Single Judge's judgment
Ratio Decidendi
Gross revenue under the Palekar Award includes all revenue including advertisement revenue for the purpose of classification of newspaper establishments under Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955.
Judgment Excerpts
The demand which was made by respondent no.2 – Trade Union and which formed subject matter of the reference reads as under : “SCHEDULE This Working Committee of Nav Bharat Shramik Sangh, Nagpur, in its meeting held on Saturday, the 1st January, 1983 unanimously demands that the “Nav Bharat”, Nagpur be reclassified as a Newspaper establishment falling in ClassII as the average gross revenue of the said newspaper establishment of the immediately proceeding accounting years is Rs. 2 Crores and above and less than Rs. 4 Crores, as provided in the Palekar Award.”
Procedural History
Reference I.T. No. 5/1983 filed by trade union for reclassification; Industrial Tribunal passed award on 24.12.1999; appellant filed Writ Petition No. 3853/2000 which was dismissed on 08.06.2009; present Letters Patent Appeal No. 458/2010 filed against that dismissal.
Acts & Sections
- Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955: Section 17
