SC upholds as valid Majithia wage boards, awards
New Delhi, Feb 7: In a
morale booster for working journalists and newspaper employees, the Supreme
Court Friday upheld the validity of the Majithia wage boards,
observing their recommendations for wage hike are based on
genuine considerations. It also junked newspaper organisations' challenge
to the constitutional validity of the working journalists and newspaper
employees act.
Journalists Association of Karnataka
(JAK) President Prof. Harischandra Bhat, in a statement hailed the Supreme
Court Judgment and thanked all Journalist and Non-Journalist Employees
Organisations like Bangalore News Paper Employees Union (BNEU), National Union
Of Journalists (NUJ), Confederation of Newspaper Employees, PTI & UNI
Employees Union etc. for striving hard unitedly
for achieving this success .
National Union of Journalists (NUJ) president Uppala Laxman
& Secretary General Prasanna Mohanty aslo hailed the Supreme Court
Judgment.
Here are the reports from IANS & PTI regarding Supreme Court Verdict
on Wage Board and reactions of JAK & Nation Union Of Journalists (JAK).
IANS Report:
In a morale booster for working journalists and newspaper employees, the Supreme Court Friday upheld the validity of the Majithia wage boards, observing their recommendations for wage hike are based on genuine considerations.
In a morale booster for working journalists and newspaper employees, the Supreme Court Friday upheld the validity of the Majithia wage boards, observing their recommendations for wage hike are based on genuine considerations.
It also junked newspaper organisations'
challenge to the constitutional validity of the working journalists and
newspaper employees act.
Justice G.R. Majithia was appointed chairman of the two wage boards for journalists and non-journalists in 2009, and his recommendations wage hikes for both categoriers of newspapwer employees were notified by the government Nov 11, 2011.
A bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh said: "Accordingly, we hold that the recommendations of the wage Boards are valid in law, based on genuine and acceptable considerations, and there is no valid ground for interference under Article 32 of the Constitution of India."
Justice G.R. Majithia was appointed chairman of the two wage boards for journalists and non-journalists in 2009, and his recommendations wage hikes for both categoriers of newspapwer employees were notified by the government Nov 11, 2011.
A bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh said: "Accordingly, we hold that the recommendations of the wage Boards are valid in law, based on genuine and acceptable considerations, and there is no valid ground for interference under Article 32 of the Constitution of India."
Upholding the validity of the Majithia wage boards,
the court said: "The wages as revised/determined shall be payable from Nov
11, 2011, when the government notified the recommendations of the Majithia wage Boards."
"All the arrears up to March 2014
shall be paid to all eligible people in four equal instalments within a period
of one year from today and continue to pay the revised wages from April 2014
onwards," the court said in its order.
Examining the challenge to the constitutional validity of the Working Journalist Act, Chief Justice Sathasivam, pronouncing the judgment, said the court was of the opinion that the challenge to the act "is wholly unfounded, baseless and completely untenable".
Addressing the contention by the newspaper organisations that the wage boards have not taken into account regional variations, the court said: "It is clear from the report that the wage Boards have categorized the HRA and transport allowance into X, Y and Z category regions, which reflects that the cost on accommodation and transport in different regions in the country was considered."
Examining the challenge to the constitutional validity of the Working Journalist Act, Chief Justice Sathasivam, pronouncing the judgment, said the court was of the opinion that the challenge to the act "is wholly unfounded, baseless and completely untenable".
Addressing the contention by the newspaper organisations that the wage boards have not taken into account regional variations, the court said: "It is clear from the report that the wage Boards have categorized the HRA and transport allowance into X, Y and Z category regions, which reflects that the cost on accommodation and transport in different regions in the country was considered."
The court also rejected the newspaper
organisations' objection to the appointment of former law secretary K.M.Sahni
and journalist P.N.Prasanna Kumar as independent members of the board.
"Merely because K.M. Sahni was a
part of the government that took the decision to set up the wage Boards,
does not automatically follow that he ceased to be an 'independent' member of
the wage Boards. We are satisfied that K.M. Sahni is an independent
member of the Board and cannot be considered to be 'biased' in any manner."
"The contention of the petitioners
alleging bias against independent members of the wage Boards, being
based merely on their past status, is entirely baseless in law and amounts to
imputing motives," the court concluded.
Furthermore, the court said that
"there is gradation of variable pay and allowances according to the size
of the establishments wherein smaller establishments are required to pay those
at a lower rate compared to larger establishments".
"Hence, we are satisfied that the wage Boards
followed certain well laid down principles and norms while making
recommendations."
Rejecting the objections to the procedure followed by the wage boards, the court said: " Numerous such incidental contentions vis-a-vis procedure adopted by the wage Boards were alleged which, in our considered view, are not of such grave nature that it calls for withdrawing the recommendations of wage Boards."
Rejecting the objections to the procedure followed by the wage boards, the court said: " Numerous such incidental contentions vis-a-vis procedure adopted by the wage Boards were alleged which, in our considered view, are not of such grave nature that it calls for withdrawing the recommendations of wage Boards."
"In this light, after having
exhaustively gone through the record of proceedings and various written communications,
we are fully satisfied that the wage Boards' proceedings had been
conducted and carried out in a legitimate approach and no decision of the wage Board
is perceived to having been taken unilaterally or arbitrarily."
It also described as "not correct" the newspapers' contention that the boards copied the Sixth Pay Commission blindly.
"The concept of 'variable pay' contained in the recommendations of the Sixth Central Pay Commission has been incorporated into the wage Board recommendations only to ensure that the wages of the newspaper employees are at par with those employees working in other government sectors."
It also described as "not correct" the newspapers' contention that the boards copied the Sixth Pay Commission blindly.
"The concept of 'variable pay' contained in the recommendations of the Sixth Central Pay Commission has been incorporated into the wage Board recommendations only to ensure that the wages of the newspaper employees are at par with those employees working in other government sectors."
"Such incorporation was made by
the Majithia wage Board after careful consideration, in order to
ensure equitable treatment to employees of newspaper establishments, and it was
well within its rights to do so," said the court.
--Indo-Asian News Service
PTI Report:
The Supreme Court today upheld
the recommendations of Majithia wage Board for journalists and
non-journalists on their pay structure and directed that the revised salaries
be granted to the employees.
A bench headed by Chief Justice P
Sathasivam said that the revised pay structure should be given to the employees
from November 11, 2011 when the Centre notified the recommendations of the
Board.
It said that new pay structure would be
given from April 2014 and the employer will have to pay arrears within a year
in four instalments.
"We hold that the recommendations
are valid," the bench said, adding that the Board had followed proper
procedures in giving its recommendations and the allegations levelled against
it and its constitution are not right.
The bench dismissed the pleas filed by various newspaper managements challenging the validity of the Board's constitution and its recommendations.
"We are fully satisfied that the
procedure adopted by the Board is legitimate and no decision was taken
unilaterally and arbitrarily and there is no irregularity in the procedure, the
bench said.
The bench also said that the
recommendations by the Board regarding variable pay is also within its
jurisdiction.
"It cannot be held that wage structure
is unreasonable," it said.
The court in January this year had reserved its verdict on the pleas of the newspapers.
The court in January this year had reserved its verdict on the pleas of the newspapers.
The 6th (Majithia) wage Board
was constituted by the Labour Ministry in 2007 despite strong reservations from
the newspaper industry, and thereafter announced an adhoc interim relief of 30
per cent of basic pay with effect from January 2008. This was implemented by
the industry despite the heavy financial burden.
The wage Board submitted its
final recommendations on December 31, 2010, which were notified by the Centre
with certain modifications, a year later on November 11, 2011. PTI
JAK HAILS:
It is a great victory for Working
Journalists and Non Journalist Employees of Newspapers. We must congratulate
those journalist organizations who fought for justice and the role played by
Journalists' Association of Karnataka, National Union of Journalists (India),
Confederation of Newspaper Employees, Dr.N.K.Trikha, Shri Rajendra Prabhu,
Com.M.C.Narasimhan for working day in and day out for the success. I wish to
thank all those who helped me to present the Memorandum to the Jt.Majithia Wage
Board during its sitting at Bengaluru namely, the DH&PV Employees Union,
Newspaper Employees Union headed by Com.M.C.Narasimhan, Indian Express
employees Union, UNI and PTI Unions.
While celebrating the success it would be our endeavour to see that all the Newspaper Employers to implement the recommendations of the Wage Board totally and completely.
I once again congratulate the members of JAK and BNEU for the success, delayed but not denied !
While celebrating the success it would be our endeavour to see that all the Newspaper Employers to implement the recommendations of the Wage Board totally and completely.
I once again congratulate the members of JAK and BNEU for the success, delayed but not denied !
Sathyameva Jayathe !
- Prof.B.Harishchandra Bhat,
President Journalists' Association of Karnataka
NUJ WELCOMES:
NUJ WELCOMES:
New Delhi: “The National Union of
Journalists (India) hails the Supreme Court's decision rejecting the petitions
of the newspaper managements on the Majithia Wage Board Recommendations and the
Government’s subsequent notification on the issue of newspaper employees wage
fixation. The Court has called for payment of wages of both journalist and
non-journalist employees of newspaper establishments as per the new scales from
November 2011 and implementation from April 2014.
The NUJ(I)
welcomes this as a great victory of the newspaper employees, journalists
and non-journalists together who fought the managements attempts to block the wage
revision that came after 12 years in particular and working class in general at
a time when the employers have been pressuring government to deny workers their
due under the pretext of globalisation and liberalisation. The Government
has also done the right thing to stand by justice to workers in notifying
the Majithia Boards’ recommendations with minor modifications. The credit
for the success in the case goes to the Confederation of All unions of the
newspaper employees including the NUJ(I) under the leadership of the PTI
Federation Secretary Mr. M.S. Yadav.
The NUJ(I)
considers this success as a challenge for the newspaper employees, more
specifically working journalists to stand united and beat the managements’
attempts to impose an illegal contract system on them and also work
together for the advancement of ethical journalism against attempts to dilute
and disfigure it by various outside and inside forces.
Uppala
Laxman
Prasanna Mohanty
President
Secretary General
