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If the principles which should guide the Board in fixing the rates of wages were laid down with sufficient clarity and particularity and the criteria so far as they were of major importance were specifically enumerated there was nothing wrong in leaving other relevant considerations arising in the course of the enquiry... |
The Board was, after all, constituted of equal numbers of representatives of employers and the employees and they were best calculated to take into account all the relevant circumstances apart from those which were, specifically enumerated in the section. Ratio |
It was, however, contended that the procedure to be followed by the Board for fixing the rates of wages was not laid down and it was open to the Board to follow any arbitrary procedure violating the principle of audi alteram partem and as such this also was unreasonable. Ratio |
Section 20 (2) (d) of the impugned Act gave power to the Central Government to make rules 19 146 inter alia in regard to the procedure to be followed by the Board in fixing rates of wages and section 11 provided that subject to any rules which might be prescribed the Board may, for the purpose of fixing rates of wages,... |
This was, however, an enabling provision which vested in the Board the discretion whether to exercise the same powers and follow the same procedure as an Industrial Tribunal. Ratio |
It has to be remembered, however, that in the United Kingdom the Wage Councils and the Central Co ordinating Committees under the Wages Councils Act, 1945, and the Agricultural Wages Board under the Agricultural Wages Regulations Act, 1924, also are empowered to regulate their proceeding in such manner as they think fi... |
The Wage Boards in Australia have also no formal procedure prescribed for them, though the Wage Boards which are established under the amended Bombay Industrial Relations Act, 1946, are enjoined to follow the same procedure as an industrial court in respect of industrial proceedings before it. Ratio |
It would not therefore be legitimate to hold that the procedure to be followed by the wage board for fixing rates of wages must necessarily be prescribed by the statute constituting the same. Ratio |
It is no doubt contemplated in each of these statutes that rules of procedure may be prescribed; but even though they, may be so prescribed, it is left to the discretion of the wage boards to regulate their procedure in such manner as they think fit, subject of course to the rules thus prescribed. Ratio |
A wide discretion is thus left with the wage boards to prescribe their own rules of procedure, but it does not therefore follow that they are entitled to follow any arbitrary rules of procedure. Ratio |
The wage boards are responsible bodies entrusted with the task of gathering data and materials relevant for the 147 determination of the issues arising before them and even though they are not judicial tribunals but administrative agencies they would elicit all relevant information and invite answers to the questionnai... |
Even though they may perform, quasi judicial functions, the exercise of arbitrary powers by them would not be countenanced by, any court or higher authority. Ratio |
No doubt certain specific provisions as to payment of gratuity, hours of work and leave are specifically enacted, but when we come to the fixation of rates of wages we find that a wage board has been constituted for the purpose. Ratio |
The principles to be followed by the Wage Board for fixing rates of wages are also laid down and the decision of the Board is to be published in the same manner as awards of industrial courts,under the . Ratio |
Then follows section 11 which talks of the powers and procedure of the Board and there also, subject to any rules of procedure which may be prescribed by the Central Government, the Board is empowered to exercise the same powers and follow the same procedure as an Industrial Tribunal constituted under the of wages, exe... |
All these 148 circumstances point to the conclusion that even though the Board was not bound to exercise the same powers and follow the same procedure as an industrial tribunal constituted under the , the Board was, in any event, not entitled to 'adopt any arbitrary procedure violating the principles of natural justice... |
If on the construction of the relevant sections of the statute the functions which the Wage Board was performing would be tantamount to laying down a law or rule of conduct for the future so that all the employers and the employees in the ' industry not only those who were participating in it in the present but also th... |
Where, however, as in the present case, the constitution of the Wage Board is considered in the background of the application of the provisions of the to the working journalists and the provisions for the exercise of the same powers and following the same procedure as an industrial tribunal constituted under the , it w... |
In this connection, it was also pointed out that the Legislature itself while enacting the impugned Act did not consider these functions as legislative at all. Ratio |
The Rules of Procedure and Conduct of Business in Lok Sabha (1957) provide in Rule No. 70 for a Bill involving proposals for the delegation of legislative power shall further be accompanied by a memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of normal or exce... |
There is also a committee on subordinate legislation which is established for scrutinizing and reporting to the House; whether the powers to make regulations, rules, sub rules, by laws, etc., conferred by the Constitution or delegated by Parliament are being properly exercised within 'such 149 delegation (vide Rule 317... |
The constitution by the Legislature of the Wages Board in the matter of the fixation of rates of wages was not considered as a piece of delegated legislation in the memorandum regarding delegated legislation appended to the draft Bill No. 13, of 1955 introduced in the Rajya Sabha on September 28, 1955, and the only ref... |
19 of the Bill which empowered the Central Government to make rules in respect of certain matters specified therein and it was stated that these were purely procedural matters of a routine character and related inter alia to prescribing hours of work, payment of gratuity, holidays, earned leave or other kinds of leave ... |
Clause 19 (3) of the Bill further provided that all rules made under this section shall as soon as practicable after they are made, be laid before both Houses of Parliament. Ratio |
These clauses were ultimately passed as section 20 of the impugned Act but they were the only piece of delegated legislation contemplated by the Legislature and were covered by the memorandum regarding the same which was appended to the Bill. Ratio |
The decision of the Wage Board was not to be laid before both the Houses of Parliament which would have been the case if the fixation of rates of wages was a piece of delegated legislation. Ratio |
It was only to be published by the Central Government after it/ was communicated to it by the Wage Board in such manner as the Central Government thought fit, a provision which was akin to the publication of award,,; of the Industrial Tribunals by the appropriate Government under the provisions of the . Ratio |
This circumstance also was pointed out as indicative of the intention of the Legislature not to constitute the Wage Board a sub legislative authority. Ratio |
While recognizing the force of these contentions we may observe that it is not necessary for our purposes to determine the nature and character of the functions performed by the Wage Board here. Ratio |
It is sufficient to say that the Wage Board was not empowered or 150 authorised to adopt any arbitrary,procedure and flout the principles of, natural justice. Ratio |
It was next contended that the restrictions imposed on newspaper establishments under the terms of the impugned Act were unreasonable in so far as they would have the effect of destroying the business of the petitioners and would therefore exceed the bounds of permissible legislation under article 19(6). ARG |
This power to regulate is not a power to destroy, and limitation is not the, equivalent of confiscation. ARG |
" Similar observations of the Judicial Committee of the Privy Council in the Municipal Corporation of the City of Toronto vs Virgo (2) and the Attorney General for Ontario vs Attorney General for the Dominion (3) were also relied upon and particularly the following observations in the former case: " But their Lordships... |
(4) and after considering the various cases which Were cited by both sides, this Court observed: " Be that as it may,, although in our opinion the normal use of the word " restrictionseems to be in the sense of I., limitation" and notextraction ", we would on this occasion prefer not toexpress any final (1) ; , 331; ; ... |
151 opinion on this matter" and the Court ultimately wound up by saving that ,whether the restrictions are reasonable or not would depend to a large extent on the nature of the trade and the conditions prevalent in it." Even if the provisions of the impugned Act would not necessarily have the effect of destroying the b... |
Several provisions of the impugned Act were referred to in this context. Ratio |
Section 2(f) of the Act which defines working journalist " so as to include " proofreader was pointed out in this connection and it was urged that even though the Press Commission Report recommended the exclusion of certain class of proof readers from the definition of working journalists the Legislature went a step fu... |
The provision as to the notice in relation to the retrenchment of working journalist was also extended beyond the limitations specified in section 25F of the , and was extended to six months in the case of an Editor and three months in the case of any other working journalist. Ratio |
The provision with regard to retrenchment was also made applicable retrospectively to all cases of retrenchment which had occurred between July 14, 1954, and March 12, 1955 ; so also the payment of gratuity was ordered not only in the cases usually provided for but also in cases where a working journalist who had been ... |
The hours of work prescribed were 144 hours only during any period of four consecutive weeks and they were 152 far less in number than the hours of work recommended by the Press Commission Report. Ratio |
The fixation of rates of wages was entrusted to the Wage Board which could fix any wages which it thought proper irrespective of the capacity of the industry to pay and might be such as the industry could not bear. Ratio |
These provisions taken each one by itself may not have the effect of destroying the petitioners ' business altogether or even crippling it in the manner indicated but taken cumulatively along with the provisions contained in sections 14 and 15 of the impugned Act which applied the provisions of the , and, the Employees... |
We shall deal with these contentions one by one. Ratio |
B. Sen Gupta in his " Journalism as a Career " (1955) talks of the position of the proof reader as follows: " The proof reader is another important link in the production of a newspaper. Ratio |
On him depends, not to a small extent, the reputation of a paper. Ratio |
He has to be very careful in correcting mistakes and pointing out any error of fact or grammar that has crept into any news item or article through oversight or hurry on the part of the sub editor. Ratio |
He has not only to correct mistakes but also to see that corrections are carried out ", and the Kemsley Manual of Journalism has the following passage at p. 337: " Having thus seen the proof reader in action, lot us consider in detail what proof reading denotes. Ratio |
It is primarily the art and practice of finding mistakes in printed matter before publication and of indicating the needed corrections. Ratio |
It includes the detection of variations between the type and the copy from which it was 153 set, misstatements of facts, figures or dates, errors in grammar, inaccuracies in quotations, and other defects. Ratio |
Often, too, it happens that, though the proof reader does not feel justified in himself making a correction, he takes other action. Ratio |
If he thinks there is a mistake but is not sure, he must query the proof so that the editorial staff may decide. Ratio |
He may spot a libel, or think he has. Ratio |
In either case it is important that the matter shall be queried and passed back to editorial authority. Ratio |
" It is obvious from this that proof readers should be men of exceptional knowledge and sound judgment. Ratio |
They should be conversant with current affairs, familiar with names of public men and quite sure how they should be spelled. Ratio |
Some specialize in different branches of sport, others in theatre, the cinema, music and so on. Ratio |
This saves much time in looking up books of reference, though, of course, the books are there." As a matter of fact, the Wage Board in the Schedule to its decision defines "proof reader" as " a person who checks up printed matter or " Proof " with edited copy to ensure strict conformity of the former with the latter. R... |
" If this is the important role played by the proofreaders then no wonder that the Legislature in spite of the recommendations of the Press Commission included them also in the definition of working journalist. Ratio |
The provisions in regard to notice cannot be said to be per se unreasonable. Ratio |
249, foot note (e), contains the following statement in regard to the periods of reasonable notice to which persons of various employments have been found entitled: Newspaper editor, from six months (Fox Bourne vs Vernon & Co. Ltd., ; to twelve months (Grundy vs Sun Printing and Publishing Association, (1916) 33 T. L. ... |
Sub editor of a newspaper, six months (Chamberlain vs Bennett, Foreign correspondent to The Times, six months period (Lowe vs Walter, The Press Commission also recommended that the period of notice for the termination of services should be based on the length of the service rendered and the nature of the appointment. R... |
There could be no hard and fast rule as to what the notice period should be. Ratio |
The practice upheld by law or by collective bargaining varies from country to country. Ratio |
In England the practice established by some judicial decisions is that the editor is entitled to a year 's notice and an assistant editor to six months ' notice. Ratio |
After examining the provisions in regard to notice which are in vogue in England, the Commission also noticed a decision in Bombay (Suit No. 735 of 1951 in the City Civil Court) where the judge concerned held that in the circumstances of the particular case the plaintiff, an assistant editor was entitled to a notice of... |
The period of six months, in the case of an editor, and three months, in the case of any other working journalists prescribed under section 3(2) of the impugned Act was therefore not open to any serious objection. Ratio |
The retrospective operation of this provision in regard to the period between July 14, 1954, and March 12, 1955, was designed to meet the few cases of those employees in the editorial staff of the newspaper 155 establishments who had been retrenched by the managements anticipating the implementation of the recommendati... |
There was nothing untoward in that provision also. Ratio |
When we come however to the provision in regard to the payment of gratuity to working journalists who voluntarily resigned from service from newspaper establishments, we find that this was a provision which was not at all reasonable. Ratio |
A gratuity is a scheme of retirement, benefit and the conditions for its being awarded have been thus laid down in the Labour Court decisions in this country. Ratio |
In the case of Ahmedabad Municipal Corporation it was observed at p. 158 : " The fundamental principle in allowing gratuity is that it is a retirement benefit for long services, a provision for old age and the trend of the recent authorities as borne out from various awards as well as the decisions of this Tribunal is ... |
" (See also Nundydroog Mines Ltd. (2). Ratio |
These were cases however of gratuity to be allowed to employees on their retirement. Ratio |
The Labour Court decisions have however awarded gratuity benefits on the resignation of an employee also. Ratio |
In the case of Cipla Ltd. (3), the Court took into consideration the capacity of the concern and other factors therein referred to and directed gratuity on full scale which included (2) on voluntary retirement or resignation of an employee after 15 years continuous service. Ratio |
Similar considerations were imported in the case of (1) , 58. Ratio |
(2) , 267. Ratio |
(3) , 358. Ratio |
156 the Indian Oxygen & Acetylene Co., Ltd. where it was observed: " It is now well settled by a series of decisions of the Appellate Tribunal that where an employer company has the financial capacity the workmen would be entitled to the benefit of gratuity in addition to the benefits of the Provident Fund. Ratio |
In considering the financial capacity of the concern what has to be seen is the general financial stability of the concern. Ratio |
The factors to be considered before granting a scheme of gratuity are the broad aspects of the financial condition of the concern, its profit earning capacity, the profit earned in the past, its reserves and the possibility of replenishing the reserves, the claim of capital put having regard to the risk involved, in sh... |
There also the court awarded gratuity under ground No. 2, viz., on retirement or resignation of an employee after 15 years of continuous service and 15 months ' salary or wage. Ratio |
It will be noticed from the above that even in those cases where gratuity was awarded on the employee 's resignation from service, it was granted only after the completion of 15 years continuous service and not merely on a minimum of 3 years service as in the present case. Ratio |
1503), there would be no justification for awarding the same when an employee voluntarily resigns and brings about a termination of his service, except in exceptional circumstances. Ratio |
One such exception is the operation of what is termed " The conscience clause ". Ratio |
157 Among the benefits which the status of professional journalist may confer (whether it stems from the law or from an agreement) is one of particular importance, since it goes to the very core of the profession. PRE |
It concerns freedom of information. Ratio |
It is intended to safeguard the journalist 's independence, his freedom of thought and his moral rights. Ratio |
It constitutes what has been called in France the " conscience clause ". Ratio |
The essence of this clause is that when a journalist 's integrity is seriously threatened, he may break the contract binding him to the newspaper concern, and at the same time receive all the indemnities which are normally payable only if it is the employer who breaks the contract. Ratio |
In France, accordingly, under the law of 1935, the indemnity for dismissal which, as we have seen, may be quite substantial, is payable even when the contract is broken by a professional journalist, in cases where his action is inspired by " a marked change in the character or policy of the newspaper or periodical, if ... |
" This moral right of a journalist is comparable to the moral right of an author or artist, which the law of 1935 was the first to recognize, has since been acknowledged in a number of countries. Ratio |
It was stated in the collective contract of January 31, 1938, in Poland in this form: " The following are good and sufficient reasons for a journalist to cancel hip, contract without warning; (a) the exertion of pressure by an employer upon a journalist to induce him to perform an immoral action; (b) a fundamental chan... |
In these circumstances he shall be entitled to an indemnity. . Ratio |
This indemnity is payable in the same manner as was the salary. Ratio |
" The other exception is where the employee has been in continuous service of the employer for a period of more than 15 years. Ratio |
Where however an employee voluntarily resigns from service of the employer after a period of only three years, there will be no justification whatever for awarding him a gratuity and any such provision of the type which has been made in section 5(1)(a)(iii) of the Act would certainly be unreasonable. Ratio |
The provision in regard to the hours of work also cannot be considered unreasonable having regard to the nature and quality of the work to be done by working journalists. Ratio |
That leaves the considerations of fixation of rates of wages by the Wage Board. Ratio |
As we have already observed, the Wage Board is constituted of equal numbers of representatives of the newspaper establishments and the working journalists with an independent chairman at its head and principles for the guidance of the Wage Board in the fixation of such rates of wages directing the Wage Board to take in... |
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