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They may be partly legislative, partly judicial and partly administrative (Stason and Cooper, Cases and other Materials on Administrative Tribunals). Ratio |
The Court has to consider whether the administrative agency performs a predominantly legislative or judicial function and determine its character accordingly (Village of Saratoga Springs vs Saratoga Gas Electric Light and Power Co., (1908) 191 New York 123 People 41 ex rel. Ratio |
Central Park North and East River Co. vs Willcox, (1909) 194 New York 383). Ratio |
In the United Kingdom the decisions of the Wage Councils in the shape of wage regulations proposal acquires legislative character from the order made by the Minister giving effect to the proposals. Ratio |
In Australia the Factories and Shops Act, 1905, and the Labour and Industry Act, 1953, Section 39(2) of Victoria by express provision invests the determination of the Special Board with the characteristics of a legislative act. STA |
Under the Fair Labour Standards Act, 1938, of U. section A. the Wage orders ultimately approved by the Administrator are subject to judicial review. Ratio |
In India under the , the recommendations of the Committees are forwarded to the appropriate Government who by notification as a token of approval, in the official Gazette, fix minimum wages in respect of each scheduled employment. Ratio |
Under the recent amendment of the Bombay Industrial Relations Act, 1946, the Wage Boards constituted under the Act are to follow the procedure of the Industrial Court in respect of arbitration proceedings and it cannot be said that they perform any legislative function. Ratio |
The Wage Board under the impugned Act, in spite of its being an administrative body or sub legislative body may nevertheless be exercising quasi judicial functions if certain conditions are fulfilled (Halsbury 's Laws of England, 3rd Edn., Vol. Ratio |
11, pp. Ratio |
55 56; Rex vs Manchester Legal Aid Committee, Ex parte R. A. Brand and Co. Ltd., , 428; Rex vs The London County Council, Ex parte the Entertainments Protection Association Ltd., , 233 234; Board of Edu cation vs Rice, ,182; Allen C. K. Law and Order 1956 Edn., pp. 102, 256, 257). Ratio |
The Wage Board has not given any attention to the paramount consideration of capacity to pay as it should, in reason, have done. Ratio |
At no time was any question asked as to the wage burden the Wage Board 's scales would impose on the industry as a ,whole or on a particular unit. Ratio |
The specific burden which the Board proposed to impose has never been 6 42 put even indirectly. Ratio |
At no time has it been considered what would be the potential burden on the industry if the non journalists in newspaper establishments made similar demands. Ratio |
No consideration has ever been given about the effect on the industry or on a unit of the retrospective operation of the wage scales. Ratio |
A. section R. Chari, section Viswanathan, B. R. L. Iyengar,J. B. Dadachanji and section N. Andley, for the Federation of Press Trust of India Employees ' Union, Bombay Union of Journalists and Gujrat Working Journalists Union. Ratio |
R. Ganapathy Iyer and G. Gopalakrishnan, for the ' appellants in C. A. No. 699 of 1957. Ratio |
L. K. Jha, section section Shukla and R. J. Joshi, for the appellants in C. A. Nos. 700 to 702 of 1957. Ratio |
section P. Sinha, Harbans Singh and R. Patnaik, for the appellants in C. A. No. 703 of 1957. Ratio |
B. Sen and R. H. Dhebar, for respondent No. I in all the appeals. Ratio |
N. C. Chatterjee, J. B. Dadachanji and section N. Andley, for the Indian Federation of Working Journalists in all appeals, respondent No. 2 in C. A. No. 700 of 1957 and respondent No. 3 in C. A. No. 703 of 1957. Ratio |
B. R. L. Iyengar, J. B. Dadachanji, section N. Andley and Rameshwar Nath, for respondent No. 3 in C. A. 699 of 1957. Ratio |
March 19. Ratio |
The Judgment of the Court was delivered by BHAGWATI J. Ratio |
As they raise common questions of law and fact they can be dealt with under one common judgment. Ratio |
In order to appreciate the rival contentions of the parties it will be helpful to trace the history of the events which led to the enactment of the impugned Act. Ratio |
The newspaper industry in India did not originally start as an industry, but started as individual 43 newspapers founded by leaders in the national, political, social and economic fields. Ratio |
During the last half a century, however, it developed characteristics of a profit making industry in which big industrialists invested money and combines controlling several newspapers all over the country also became the special feature of this development. Ratio |
The working journalists except for the comparatively large number that were found concentrated in the big metropolitan cities, were scattered all over the country and for the last ten years and more agitated that some means should be found by which those working in the newspaper industry were enabled to have their wage... |
Isolated attempts were made by the Uttar Pradesh and Madhya Pradesh Governments in this behalf. Ratio |
On June 18, 1947, the Government of Uttar Pradesh appointed a committee to enquire into the conditions of work of the employees of the newspaper industry in the Uttar Pradesh. Ratio |
On March 27, 1948, the Government of Central Provinces & Berar also appointed an Inquiry Committee to examine and report on certain questions relating to the general working of the newspaper industry in the province, including the general conditions of work affecting the editorial and other staff of newspapers, their e... |
The Committees aforesaid made their reports on the respective dates March 31, 1949, and March 27, 1948, making certain recommendations. Ratio |
The All India problem, however, remained to be tackled and during the debate in Parliament on the Constitution (First Amendment) Bill, 1951, the Prime Minister said that he was prepared to appoint a committee or a commission, including representatives of the Press, to examine 44 the state of the Press and its content. ... |
He elaborated the idea further on June 1, 1951, when he indicated that an enquiry covering the larger issue of the Press, such as had been carried out in the United Kingdom by the Royal Commission, might be productive of good for the Press and the development of this very important aspect of public affairs. Ratio |
The idea was further discussed during the debate in Parliament on the Press (Incitement to Crimes) Bill, later named the Press (Objectionable Matter) Act, 1952. Ratio |
At its session held in April, 1952, at Calcutta, the Indian Federation of Working Journalists adopted a resolution for the appointment of a Commission to enquire into the condi tions of the Press in India with a view to improving its place, status and functioning in the new democratic set up. Ratio |
The appointment of the Press Commission was thereafter announced in a Communique issued by the Govt. Ratio |
The terms of reference inter alia were: "2.The Press Commission shall enquire into the state of the Press in India, its present and future lines of development and shall in particular examine:. . . (iv) the method of recruitment, training, scales of remuneration, benefits and other conditions of employment of working j... |
The Press Commission shall enquire into the state of the Press in India, its present and future lines of development and shall in particular examine:. . . (iv) the method of recruitment, training, scales of remuneration, benefits and other conditions of employment of working journalists settlement of disputes affecting... |
The industry taken as a whole had returned a profit of about 6 lakhs of rupees on a capital investment of about 7 crores, or less than I per cent. Ratio |
per annum. Ratio |
It found that proof readers as a class could not be regarded as working journalists, for there were proof readers even in presses doing job work. Ratio |
It came to the conclusion that if a person had been 45 employed as a proof reader only for the purpose of making him a more efficient sub editor, then it was obvious that even while he was a proof reader, he should be regarded as a working journalist but in all other instances, he would not be counted as a journalist b... |
to the capacity of the paper to make adequate payment. . Ratio |
In this connection it may be stated that the Federation of Working Journalists also agreed, when it was put to them, that apart from suggesting a minimum wage it would not be possible for the Commission to undertake standardisation of designations or to fix scales of pay or other conditions of service for the different... |
They have stated that these details must be left to be settled by collective bargaining or where an agreement is not possible the dispute could be settled by reference to an industrial court or an adjudicator with the assistance of a Wage Board, if necessary. Ratio |
The All India Newspaper Editors ' Conference and Indian Language Newspapers ' Association have also stated that it would not be possible to standardise designations and that any uniformity of salaries as between one newspaper and another would be impossible. Ratio |
The resources of different newspapers vary and the conditions of service are not the same. Ratio |
We agree in principle that there should be uniformity as far as possible, in the conditions of service in respect of working journalists serving in the same area or locality. Ratio |
But this can be achieved only by a settlement or an adjudication to which the employers, and the employees collectively are parties. Ratio |
" 46 539: DEARNESS ALLOWANCE:. . Ratio |
This again, is a matter which would require very detailed study of the rise in the index numbers of the cost of living for various places where the newspapers are published. Ratio |
We do not know of any case where a uniform rate has been prescribed for dearness allowance applicable all over the country irrespective of the economic conditions at different centres and the paying capacity of the various units. Ratio |
This must be a matter for mutual adjustment between the employers and the employees and if there is no agreement, some machinery must be provided by which disputes between the parties could be resolved. Ratio |
" The position of a journalist was thus characterised by the Commission: " A journalist occupies a responsible position in life and has powers which he can wield for good or evil. Ratio |
It is he who reflects and moulds public opinion. Ratio |
He has to possess a certain amount of intellectual equipment and should have attained a certain educational standard without which it would be impossible for him to perform his duties efficiently. Ratio |
His wage and his conditions of service should therefore be such as to attract talent. Ratio |
This must involve constant study, contact with personalities and a general acquaintance with world 's problems. Ratio |
" It considered therefore that there should be a certain minimum wage paid to a journalist. Ratio |
The possible impact of such a minimum wage was also considered by it and it was considered not unlikely that the fixation of such a minimum wage may make it impossible for small papers to continue to exist as such but it thought that if a newspaper could not afford to pay the minimum wage to the employee which would en... |
It recommended division of localities for taking into account the differential cost of living in different parts of India, and determining what should be the reasonable 47 minimum wage in respect of each area. Ratio |
It endorsed the concept of a minimum wage which has been adopted. Ratio |
In India, however, the level of the national income is so low at present that it is generally accepted that the country cannot afford to prescribe a minimum wage corresponding to the concept of a living wage. Ratio |
However, a minimum wage even here must provide not merely for the bare subsistence of living, but for the efficiency of the worker. Ratio |
For this purpose, it must also provide for some measure of education, medical requirements and amenities." and suggested that the basic minimum wage all over India for a working journalist should be Rs. 125 with Rs. 25 as dearness allowance making a total of Rs. 150. Ratio |
It also suggested certain dearness allowance and City allowance in accordance with the location of the areas in which the working journalists were employed. Ratio |
It compared the minimum wage recommended by it with the recommendations of the Uttar Pradesh and Madhya Pradesh Committees and stated that its recommendations were fairly in line with the recommendations of those Committees particularly having regard to the rise in the cost of living which bad taken place since those ... |
It then considered the applicability of the to the working journalists and after referring to the award of the Industrial Tribunal at Bombay in connection with the dispute between " Jam e Jamshed " and their workman and the decision of the Patna High Court in the case of V. N. N. Sinha vs Bihar Journals Limited (1), it... |
It thereafter con (1) (1953) 1. Ratio |
L. R. 32 Pat. Ratio |
48 sidered the questions as to the tenure of appointment and the minimum period of notice for termination of the employment of the working journalists, hours of work, provision for leave, retirement benefits and gratuity, made certain recommendations and suggested legislation for the regulation of the newspaper industr... |
Almost immediately after the Report of the Press Commission, Parliament passed the Working Journalists (Industrial ]Disputes) Act, 1955 (I of 1955) which received the assent of the President on March 12, 1955. Ratio |
It was an Act to apply the , to working journalists. Ratio |
" Working Journalist " was defined in section 2 (b) of the Act to mean " a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any establishment for the production or publication of a newspaper or in, or in relation to, any news agency or syndicate supplying mater... |
Section 3 of that Act provided that the provisions of the , shall apply to, or in relation to, working journalists as they apply to or in relation to workmen within the meaning of that Act. Ratio |
The application of the , to the working journalists was not, however, deemed sufficient to meet the requirements of the situation. Ratio |
There was considerable agitation in Parliament for the implementation of the recommendations 49 of the Press Commission, and on November 30, 1955, the Union Government introduced a Bill in the Rajya, Sabha, being Bill No. 13 of 1955. Ratio |
It was a Bill to regulate conditions of service of working journalists and other persons employed in newspaper establishments. Ratio |
The recommendations of the Press Commission in regard to minimum period of notice, bonus, Sunday rest, leave, and provident fund and gratuity, etc., were all incorporated in the Bill; the fixation of the minimum rates of Wages however was left to a minimum wage Board to be constituted for the purpose by the Central Gov... |
The provisions of the (20 of 1946) and the Employees ' Provident Funds Act, 1952 (19 of 1952) were also sought to be applied in respect of establishments exceeding certain minimum size as recommended by the Commission. Ratio |
It appears that during the course of discussion in the Rajya Sabha, the word " minimum " was dropped from the Bill wherever it occurred, the Minister for Labour having been responsible for the suggested amendment. Ratio |
The reason for dropping the same was stated by him as under: " Let the word " minimum " be dropped and let it be a proper wage board which will look into this question in all its aspects. Ratio |
Now, if that is done, I believe, from my own experience of the industrial disputes with regard to wages, in a way it will solve the question of wages to the working journalists for all time to come. Ratio |
" The Act as finally passed was entituled " The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) and received the assent of the President on December 20, 1955. Ratio |
The relevant provisions of the Act may now be referred to. Ratio |
It was an Act to regulate certain conditions of service of working journalists and other persons employed in newspaper Ratio |
Newspaper establishment " was defined in section 2 (d) to mean " an establishment under the control of any person or body of persons, whether incorporated or not, for the production or publication of one or more 50 newspapers or for conducting any news agency or syndicate ". Ratio |
The definition of " working journalist " was almost in the same terms as that in the Working Journalists (Industrial Disputes) Act, 1955, and included a proof reader. Ratio |
All words and expressions used but not defined in this Act and defined in the , were under section 2 (g) to have the meanings respectively assigned to them in that Act. Ratio |
Section 3 applied the provisions of the , as it was in force for the time being, to working journalists as they applied to, or in relation to workmen within the meaning of that Act subject to the modification that section 25 (F) of that Act in its application to working journalists in regard to the period of notice in ... |
The period which lapsed between the publication of the report and the enactment of the Working Journalists (Industrial Disputes) Act, 1955, viz., from July 14, 1954, to March 12, 1955, was sought to be bridged over by section 4 enacting special provisions in respect of certain cases of retrenchment during that period. ... |
Section 5 provided for the payment of gratuity, inter alia, to a working journalist who had been in continuous service, whether before or after the commencement of the Act, for not less than three years in any newspaper establishment even when he voluntarily resigned from service of that newspaper establishment. Ratio |
Section 6 laid down that no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and forty four hours during any period of four consecutive weeks, exclusive of the time for meals. Ratio |
Every working journalist was under section 7 entitled to earned leave and leave on medical certificate on the terms therein specified without prejudice to such holidays, casual leave or other kinds of leave as might be prescribed. Ratio |
After thus providing for retrenchment compensation, payment of gratuity, hours of work, and leave, sections 8 to 1 1 of the Act provided 51 for fixation of the rates of wages in respect of working journalists. Ratio |
Section 8 authorised the Central Government by notification in the Official Gazette to constitute a Wage Board for fixing rates of wages in respect of the working journalists in accordance with the provisions of the Act, which Board was to consist of an equal number of persons nominated by the Central Government to rep... |
Section 9 laid down the circumstances which the Wage Board was to have regard to in fixing rates of wages and these circumstances were the cost of living, the prevalent rates of wages for comparable employments, the circumstances relating to the newspaper industry in different regions of the country and to any other ci... |
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