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This is invalid and ultra vires the Act. Ratio |
Section 12 of the Act creates one sided obligation by making decision of the Board binding only on the employers. Ratio |
Such one sided obligation can be appropriate when a minimum subsistence wage is fixed but cannot attach to payment of wages at luxury levels. Ratio |
This unilateral obligation on the employer leaves it open to the journalists to agitate for an increase in wages before an industrial tribunal, but it precludes the employer from seeking any alteration under any circumstances. Ratio |
The Act has provided no machinery 27 for a review or revision of the wage structure even if circumstances changed. Ratio |
Restrictions on fundamental right to do business arise because the Act and the decision of the Wage Board have the effect, firstly, of considerably increasing the operating cost and, secondly, of fettering the conditions of service or the terms of the contract of service between the employer and the employee. Ratio |
By disregarding the disparity in regional conditions the Wage Board has discriminated between paper and paper, employer and employer and employee and employee. Ratio |
section P. Sinha, Gurbachan Singh, Harbans Singh and R. Patnaik, for the petitioners in Petition No. 103 of 1957. Ratio |
section section Shukla, for the petitioners in Petitions Nos. Ratio |
116 to 118 of 1957. Ratio |
M. C. Setalvad, Attorney General for India, B. Sen and R. H. Dhebar, for respondent No. I (The Union of India) in all the Petitions. Ratio |
Before going into the merits of the case it is necessary to examine the background and the perspective in which the Act was enacted, the careful inquiry which preceded its enactment and the conditions which the Act was designed to meet. Ratio |
(Report of the Press Commission, dated July 14, 1954; Report of the Inquiry Committee constituted in 1947; Report of the C. P. and Berar Press Inquiry Committee constituted on March 27, 1948). Ratio |
The Act does not infringe any of the fundamental rights of the petitioners guaranteed under articles 19(J) (a), 19(1)(g), 14 and 32 of the Constitution. Ratio |
The functions of the Wage Board constituted tinder section 8 of the Act were not judicial or quasi judicial in character; the fixation of the rates of wages by the Wage Board was a legislative act and not a judicial one; the Wage Board arrived at its decision on a consideration of all the criteria laid down in section ... |
The financial position of the petitioners was not such as to lead to their collapse as a sequel to the enactment of the provisions of the Act and the decision of the Wage Board. Ratio |
Regarding alleged infringement of article 19(1)(a), I submit that the legislation should be examined in order to determine whether it is legislation directly in respect to the fundamental rights mentioned in the Constitution. Ratio |
The principle enunciated by the Supreme Courtney several decisions is that when a legislation is attacked on the round of contravention of a fundamental right, the Court must first examine whether it directly deals with the fundamental right. Ratio |
If the legislation is not one directly with respect to a fundamental right no further question arises, (A. K. Gopalan vs The State of Madras, [1950] section C. R. 88, per Kania, C. J., Ram Singh vs State of Delhi, ; , 455). Ratio |
The Supreme Court has also in this connection invoked the doctrine of "pith and substance ". Ratio |
The fact that a legislation, directed in its path and substance to regulate gambling, incidentally placed certain restrictions on business was held not to make the law violative of the fundamental right to carry on business. Ratio |
(State of Bombay vs R. M. D. Chamarbaugwala, [1957] section C. R. 874). Ratio |
The provisions of the Act are clearly designed to regulate the conditions of service of journalists and not the freedom of expression or speech, and therefore no question of the infringement of fundamental right under article 19(1)(a) arises. Ratio |
The contention of the petitioners based on American decisions, e. g., Minnesota Ex Rel. Ratio |
Olson (75 L. Ed. 1357) cannot be sustained. Ratio |
First, the provisions of the American Constitution are substantially different; secondly, the American Courts have adopted the same view as our Supreme Court in A. K. Gopalan vs The State of Madras, ; , and other cases. Ratio |
(The Associated Press vs The National Labour Relations Board, ; ,960 966; Mabee vs White Plains Publishing Co., ; , 613 where application of U. section Fair Labour Standards Act, 1938, to newspaper undertakings was held not to 29 infringe freedom of speech; Oklahoma Press Publishing Co. vs Walling; , , 621; Murdock vs ... |
The restrictions under article 19(6) on the freedom to carry oil business under article 19(1)(g) will not cease to be reasonable even if such restrictions resulted in prohibition of carrying on business in certain cases. Ratio |
Such restrictions can be imposed if they are in the interest of the general public. Ratio |
The Act follows the recommendations of the Press Commission for the most part. Ratio |
The only important deviation it has made is that whereas the Press Commission had recommended fixation of a minimum wage, the Act provides for fixation of all wages. Ratio |
Under the directive principles of State Policy (article 43 of the Constitution) the goal was not merely a minimum wage but a fair wage and a living wage. Ratio |
We have to march to that goal. Ratio |
[Gajendragadkar, J. True, but in marching to that goal we have to consider the capacity to pay.] Yes, capacity to pay region wise and capacity to pay country wise but not capacity to pay unit wise, that is, according to each newspaper 's capacity. Ratio |
The Court has to consider what the Legislature intended. Ratio |
The term " minimum wage" has been understood in two different senses, the first being an " industrial minimum wage " and the second a " statutory minimum wage ". Ratio |
Is it an " industrial minimum ", or is it a " statutory minimum " ? An " industrial minimum " is a subsistence wage that has to be paid by any unit if it wishes to exist; a " statutory minimum " is someting more than a subsistence level wage and may be any level which the Legislature thinks fit to impose. Ratio |
" Wages " has been defined 30 very comprehensively in section 2(rr) of the , and in the Third and Fourth Schedule to that Act wages are stated to include the period and mode of payment. Ratio |
[Sinha, J. Does it refer to scales ?] Wages include in its ambit the scales. Ratio |
It was on this basis that various Industrial Tribunals have fixed scales. Ratio |
Even the Supreme Court decided that way. Ratio |
[Sinha, J. My point is whether the question has been raised and decided or has it been only assumed ?] The matter, so far as I know, has not been raised and decided. Ratio |
It has only been assumed. Ratio |
" Wages " in sections 9 and 8 of the Act has been used in a comprehensive sense. Ratio |
The correct approach is to see what the term " wages " means and to see whether the word " rates " cuts down that meaning. Ratio |
In order to construe the section. Ratio |
One of the criteria specified in section 9(1) of the Act is the prevalent rates of wages for comparable employments. Ratio |
This has no reference to minimum wage (Nellimarla Jute Mills, It shows that section 9(1) contemplates fixation of rates of wages which are higher than the bare subsistence or industrial minimum wage. Ratio |
The criterion " the circumstances relating to newspaper industry in different regions of the country " in section 9(1) can have no other meaning than the capacity to pay region wise. Ratio |
It is the Board which has to decide what is relevant and what is not. Ratio |
Such power is neither unreasonable nor arbitrary. Ratio |
The general policy with regard to the Wage Board was that they were given the widest discretion and there was no question of their discretion being fettered. Ratio |
Even if the Legislature left the fixation of wage to the Board without laying down any criteria it would have been a competent legislative Act because of the nature of the 31 Board. Ratio |
In fact, three criteria have been laid down in section 9(1) of the Act. Ratio |
Having regard to the variety and complexity of the matters involved it was not possible for the Legislature itself to visualise or indicate the various circumstances which might be relevant. Ratio |
There is nothing unusual or arbitrary in leaving to the Wage Board a wide discretion in the matter of its procedure. Ratio |
In U. K. the Central Co ordinating Committee under the Wage Councils Act, 1945, and the Agricultural Wages Board under the Agricultural Wages Regulation Act, 1924, are authorised to regulate their own proceedings. Ratio |
No formal procedure has been prescribed for Wage Boards in Australia. Ratio |
The inclusion of proofreaders in the definition of "Working Journalist" in section 2(1) of the Act is not unreasonable. Ratio |
Proof readers occupy a very important position in the editorial staff of a newspaper (Kemsley Manual of Journalism, p. 337, B. Sen Gupta Journalism as a Career (1955 Edn.). Ratio |
There is nothing unreasonable in the period of notice for retrenchment in section 3(2) of the Act. Ratio |
(Halsbury 's Laws of England, 2nd Edn., Vol. 22, p. 150, para. Ratio |
249 foot note (e)). Ratio |
The retrospective operation of compensation in certain cases given by section 4 of the Act is designed to meet the few cases of retrenchment by the management anticipating the implementation of the recommendation of the Press Commission and cannot be said to be unreasonable. Ratio |
There is nothing unusual in section 5 of the Act which provides for a gratuity. Ratio |
Under the law of various countries payment of indemnity to an employee who voluntarily resigns is provided for (Legislation for Press, Film and Radio in the World Today (1957) UNESCO publication at p. 404 ; Collective Agreement between the Geneva Press Association and the Geneva Union of Newspaper Publishers dated Apri... |
Even in India Labour Courts have awarded gratuity on voluntary resignation (Cipla Ltd., , 358; Indian Oxygen and Acetylene Co. Ltd., (1956) 1 L. L. J. 435). Ratio |
The hours of work provided in section 6 of 32 the Act cannot be said to be unreasonable having regard to the nature of work to be done by a working journalist. Ratio |
Such hours of work are fixed by section 54 of the , (See also, ; Shops and Establishments Acts of different States in India). Ratio |
Sections 8 to II deal with the constitution of the Wage Board and the fixation of rates of wages by the Board. Ratio |
The Wage Board was to consist of an equal number of representatives of employers and employees and an independent chairman. Ratio |
There is nothing unreasonable in the constitution of the Board. Ratio |
The principles for the guidance of the Wage Board in the matter of fixation of wages have been laid down by the Act. Ratio |
It cannot, therefore, be said that these provisions are unreasonable. Ratio |
Section 17 of the Act relates only to the mode of recovery of money from an employer and does not impose any financial burden; therefore it could not be said that it infringes article 19(1)(g). Ratio |
Article 14 of the Constitution does not forbid reasonable classification for the purpose of legislation (Budhan Choudhry vs The State of Bihar, ; , 1048). Ratio |
The work of a journalist is peculiar and demands a high degree of general education and some kind of specialised training (Report of the Press Commission, para. Ratio |
512; Legislation for Press, Film and Radio in the World Today (1951) UNESCO publication at p. 403). Ratio |
The working journalists are a class by themselves apart from the other employees of the newspaper establishments and also employees in other industries. Ratio |
They can be singled out for the purpose of ameliorating their conditions of service. Ratio |
There would be no discrimination if special. Ratio |
legislation is enacted for the benefit of this class and a special machinery is created for fixing the rates of its wages different from the machinery for other workmen. Ratio |
Even if the Act be considered as a social welfare measure the State c an only make a beginning somewhere. Ratio |
Such a measure need not be all embracing. Ratio |
There is nothing unreasonable in section 12 of the Act which makes the decision of the Board binding on the employers only. Ratio |
A provision which has for its object the protection of 33 employees cannot be said to be repugnant to article 14 on the ground that it discriminates against the employers (South Bank Ltd. vs Pichuthayappan, A. 1.R. 1954 Madras 377). Ratio |
Similar provision is to be found in section 33C of the . STA |
There is nothing discriminatory in a provision which governs employees in other industries being extended to working journalists. Ratio |
The object sought to be achieved by the Act is the amelioration of the conditions of service of working journalists. Ratio |
The classification is based on intelligible differentiate which distinguish them from other employees of the newspaper establishments and also in other industries. Ratio |
These differentiae have a rational basis. Ratio |
The legislation amply fulfils the conditions of permissible classification. Ratio |
It is " fantastic " to contend that the Act infringes article 32 of the Constitution. Ratio |
The Act does not prohibit the Wage Board from giving a reason for its decision. Ratio |
No question therefore arises of the infringement of the fundamental right of the petitioners under article 32. Ratio |
Assuming any provision of the Act is void then the question will be whether it is severable. Ratio |
If it is severable then the whole Act will not be void but only the section. Ratio |
Similarly, if the court finds that the Act is constitutional but a decision of the Wage Board is ultra vires the Act or unconstitutional the Court will strike down such decision. Ratio |
That will not affect the validity of the Act. Ratio |
(State of Bombay vs F. N. Balsara, ; ; State of Bombay vs The United Motors (India) Ltd., [1953] section C. R. 1069 and R. M.,D. Chamarbaugwala vs The Union of India, ; In regard to the decisions of the Wage Board the Court has to consider first, whether the decisions are intra vires the Act since an authority to whom ... |
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