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that the decision of the Wage Board may be arrived at ignoring some of these essential criteria which have been laid down in section 9(1) of the Act or that the procedure followed by the Wage Board may be contrary to the principles of natural justice. Ratio |
But that would 159 affect the validity of the decision itself and not the constitution of the Wage Board which as we have seen cannot be objected to on this ground. Ratio |
The further provision contained in section 17 of the Act in regard to the recovery of money due from an employer empowering the State Government or any such authority appointed in that behalf to issue a certificate for that amount to the collector in the same manner as an arrear of land revenue was also impeached by th... |
We shall have occasion to deal with this provision in connection with the alleged infringement of the fundamental right under article 14 hereafter. Ratio |
We do not subscribe to the view that such a provision infringes the fundamental right of the petitioners to carry on business under article 19(1)(g). Ratio |
This attack of the petitioners on the constitutionality of the impugned Act under article 19(1)(g), viz., that it violates the petitioners ' fundamental right to carry on business, therefore, fails except in regard to section 5(1)(a)(iii) thereof which being clearly severable from the rest of the provisions, can be str... |
Re. Article 14. Ratio |
The question as formulated is that the impugned Act selected the working journalists for favoured treatment by giving them a statutory guarantee of gratuity, hours of work and leave which other persons in similar or comparable employment had not got and in providing for the fixation of their salaries without following ... |
The following propositions are advanced: 1. Ratio |
In selecting the Press industry employers from all industrial employers governed by the ordinary law regulating industrial relations under the , and Act I of 1955, the impugned Act subjects the Press industry employers to discriminatory treatment. Ratio |
160 2. Ratio |
Such discrimination lies in (a) singling out newspaper employees for differential treatment; (b)saddling them with a new burden in regard to a section of their workers in matters of gratuities, compensation, hours of work and wages; (c)devising a machinery in the form of a Pay Commission for fixing the wages of working... |
3.The classification made by the impugned Act is arbitrary and unreasonable, in so far as it removes the newspaper employers vis a vis working journalists from the general operation of the , and Act I of 1955. Ratio |
The principle underlying the enactment of article 14 has been the subject matter of various decisions of this Court and it is only necessary to set out the summary thereof given by Das J. (as be then was) in Budhan Choudhry & Others vs The State of Bihar (I). " The provisions of article 14 of the Constitution have come... |
(2) ; (3) ; 161 Sarkar (1), Kathi Raning Rawat vs The State of Saurashtra (2), Lachmandas Kewalram Ahuja vs The State of Bombay (3), Quasim Razvi vs The State of Hyderabad (1), and Habeeb Mohamad vs The State of Hyderabad (5). Ratio |
It is now well established that while article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. Ratio |
In order, however, to pass the test of permissible classification two conditions must be fulfilled, namely, (i) that the classification must be founded on an intelligible differentia which distinguishes persons or things that are grouped together from others left out of the group and (ii) that differentia must have a r... |
The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. Ratio |
What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration. Ratio |
It is also well established by the decisions of this Court that article 14 condemns discrimination not only by a substantive law but also by a law of procedure. Ratio |
" It is in the light of these observations that we shall now proceed to consider whether the impugned Act violates the fundamental right of the petitioners guaranteed under article 14 of the Constitution. Ratio |
A further passage from the Report may also be quoted in this context: " It is essential to realise in this connection that the work of a journalist demands a high degree of general education and some kind of specialised training. Ratio |
They thus form an essential adjunct to democracy. Ratio |
The profession must, therefore, be manned by men of high intellectual and moral qualities. Ratio |
The journalists are in a sense creative artists and the public rightly or, wrongly, expect from them a general omniscience and a capacity to express opinion on any topic that may arise, under the sun. Ratio |
Apart from the nature of their work the conditions under which that work is to be performed, are peculiar to this profession. Ratio |
Journalists have to work at very high pressure and as most of the papers come out in the morning, the journalists are required to work late in the night and round the clock. Ratio |
The edition must go to press by a particular time and all the news that breaks before that hour has got to find its place in that edition. Ratio |
Journalism thus becomes a highly specialized job and to handle it adequately a person should be well read, have the ability to size up a situation and to arrive quickly at the correct conclusion, and have the capacity to stand the stress and strain of the work involved. Ratio |
His work cannot be measured, as in other industries, by the quantity of the output, for the quality of work is an essential element in measuring the capacity of the journalists. Ratio |
Moreover, insecurity of tenure is a peculiar feature of this profession. Ratio |
This is not to say that no insecurity exists in other professions but circumstances may arise in connection with profession of journalism which may lead to unemployment in this profession, which would not necessarily have that result in other professions. Ratio |
Their security depends to some extent on the whims and caprices of the proprietors. Ratio |
We have come across cages where a change in the ownership of the paper or a, change in the editorial policy of the paper has resulted in a considerable change in the editorial staff. Ratio |
In the case of other industries a change in the proprietorship does not normally entail a change in the staff. Ratio |
But as the essential purpose of a newspaper is not only to give news but to educate &. Ratio |
d guide public opinion, a change in the proprietorship or in the editorial policy of the paper may result 163 and in some cases has resulted in a wholesale change of the staff on the editorial side. Ratio |
These circumstances, which are peculiar to journalism must be borne in mind in framing any scheme for improvement of the conditions of working journalists." (para. 512). Ratio |
These were the considerations which weighed with the Press Commission in recommending the working journalists for special treatment as compared with the other employees of newspaper establishments in the matter of amelioration of their conditions of service We may also in this connection refer to the following passage ... |
These may be sanctioned by the law itself. Ratio |
For instance, certain Latin American countries have enacted legislation in favour of journalists which is in some cases very detailed and far reaching and offers special benefits, more particularly in the form of protection against the risk of sickness or disability, dismissal or retirement. Ratio |
" In France, the law of 29 March, 1935, conferred on journalists substantial advantages which at the time were far in advance of general social legislation. Ratio |
Thus, for example, this law gives all professional journalists the right to an annual holiday with pay. Ratio |
One month 's holiday is granted to journalists who have been working for a newspaper or periodical for at least one year, and five weeks to journalists whose contract has been in force for 10 years at least. Ratio |
Should a contract of indefinite duration be terminated, the journalist is entitled to one or two month 's notice and also to an indemnity for dismissal which may not be less than one month 's salary per year or part of a year of service, at the most recent rate of pay. Ratio |
However, if the period of service exceeds 15 years, the 164 amount of the indemnity is fixed, as we have seen, by an arbitral committee. Ratio |
" The working journalists are thus a group by themselves and could be classified as such apart from the other employees of newspaper establishments and if the Legislature embarked upon a legislation for the purpose of ameliorating their conditions of service there was nothing discriminatory about it. Ratio |
They could be singled out thus for preferential treatment against the other employees of newspaper establishments. Ratio |
A classification of this type could not come within the ban of article 14. Ratio |
The only thing which is prohibited under this article is that persons belonging to a particular group or class should not be treated differently as amongst themselves and no such charge could be levelled against this piece of legislation. Ratio |
If this group of working journalists was specially treated in this manner there is no scope for the objection that group had a special legislation enacted for its benefit or that a special machinery was created, for fixing the rates of its wages different from the machinery employed for other workmen under the . Ratio |
The payment of retrenchment compensation and gratuities, the regulation of their hours of work and the fixation of the rates of their wages as compared with those of other workmen in the newspaper establishments could also be enacted without any such disability and the machinery for fixing their rates of wages by way o... |
What was contemplated by the provisions of the impugned Act how. Ratio |
ever, was a general fixation of rates of wages of working journalists which would ameliorate the conditions of their service and the constitution of a wage board for this purpose was one of the established modes of achieving that object. Ratio |
If, therefore, such a 165 machinery was devised for their benefit, there was nothing objectionable in it and there was no discrimination as between the working journalists and the other employees of newspaper establishments in that behalf. Ratio |
The capacity of the industry to pay was certainly to be taken into consideration by the Wage Board, as we have already seen before, and the procedure of the Board also was assimilated to that adopted by an industrial tribunal under the , or was, in any event, to be such as would not be against the principle of audi alt... |
There was no occasion, if the Wage Board chose to exercise the same powers and follow the same procedure as the Industrial Tribunal under the Industrial Disputes Act, 1947, for it to discriminate between one set of newspaper establishments and others. Ratio |
If it in fact assumed unto itself the powers of the Industrial Tribunal it would be bound to follow the procedure prescribed under the , and if it were thus to follow the same, no discrimination could ever be made in the manner suggested. Ratio |
The decision of the Wage Board was no doubt made binding only on the employers and the working journalists were at liberty to agitate the question of increase in their wages by raising an industrial dispute in regard thereto. Ratio |
Once the rates of wages were fixed by the Wage Board, it would normally follow 'that they would govern the relationship between the employers and the working journalists, but if liberty was reserved to the working journalists for further increase in their wages under the provisions of the there was nothing untoward in ... |
There could not be any question of discrimination between the employers on the one hand and the working journalists on the other. Ratio |
They were two contesting parties ranged on opposite sides and the fact that one of them was treated in a different manner from the other in the 166 matter of the amelioration of the conditions of service of the weaker party would not necessarily vitiate the decision of the Wage Board. Ratio |
The weaker of the two parties could certainly be treated as a class by itself and the conferment of special benefits in the matter of trying to ameliorate their conditions of service could certainly not be discriminatory. Ratio |
The provisions contained in section 17 of the Act in regard to the recovery of money due from the employers in the same manner as an arrear of land revenue also was not discriminatory. Ratio |
In the conflict between the employers and the employees it very often came about that the employers did not implement the measures which had been enacted for the benefit of the employees and the employees were thus hard put to realise and cash those benefits. Ratio |
Even the , contained a like provision in section 33C thereof (vide the amendment incorporated therein by Act 36 of 1956) which in its turn was a reproduction of the old section 25 1 which had been inserted therein by Act 43 of 1953. Ratio |
It may be remembered that if the provisions of the , which was a general Act, had been made applicable to the working journalists there would have been no quarrel with the same. Ratio |
Much less there could be any quarrel with the introduction of section 17 into the impugned Act when the aim and object of such provision was to provide the working journalists who were a group by themselves from amongst employees employed in the newspaper establishments with a remedy for the recovery of the monies due ... |
We do not see anything discriminatory in making such a provision for the recovery of monies due by the employers to these working journalist 'section Similar is the position in regard to the alleged dis crimination between Press industry employers on the one hand and the other industrial employers on the other. Ratio |
The latter would, certainly be governed by the ordinary law regulating industrial relations under the . Ratio |
Employers qua the working journalists again would be a class by them 167 selves and if a law was enacted to operate as between them in the manner contemplated by the Act that could not be treated as discriminatory. Ratio |
If measures have got to be devised for the amelioration of the conditions of working journalists who are employed in the newspaper establishments, the only way in which it could be done was by directing this piece of legislation against the Press Industry employers in general. Ratio |
Even considering the Act as a measure of social welfare legislation the State could only make a beginning somewhere without embarking on similar legislations in relation to all other industries and if that was done in this case no charge could be levelled against the State that it was discriminating against one industr... |
The classification could well be founded on geographical basis or be according to objects or occupations or the like. Ratio |
The only question for consideration would be whether there was a nexus between the basis of classification and the object of the Act sought to be challenged. Ratio |
In our opinion, both the conditions of permissible classification were fulfilled in the present case. Ratio |
The classification was based on an intelligible differentia which distinguished the working journalists from other employees of newspaper establishments and that differentia had a rational relation to the object sought to be achieved, viz., the amelioration of the conditions of service of working journalists. Ratio |
This attack on the constitutionality of the Act also therefore fails. Ratio |
Re. Article 32: In regard to the infringement of article 32, the only ground of attack ha, , been that the impugned Act did not provide for the giving of the reasons for its decision by the Wage Board and thus rendered the petitioners ' right to approach the Supreme Court for enforcement of their fundamental right nuga... |
It is contended that the right to apply to the Supreme Court for a writ of certiorari required an order infringing a fundamental right, that such a right was itself a fundamental right and any legislation which attempted to restrict or defeat this right was an infraction of 168 article 32 and was as such void. ARG |
It is further contended that a writ of certiorari could effectively be directed only against a speaking order, i. e., an order disclosing reasons, and if a statute enabled the passing of an order that need give no reasons such statute attempted ,to sterilize the powers of this Court from investigating the validity of t... |
Learned Counsel for the petitioners has relied upon a decision of the English Court in Rex vs Northumberland Compensation Appeal Tribunal, Ex parte Shaw where Lord Goddard C. J. observed at p. 718: " Similarly anything that is stated in the order which an inferior court has made and which has been brought up into this ... |
If the order is merely a statement of conviction that there shall be a fine of 40s. Ratio |
, or an order of removal or quashing a poor rate, there is an end of it, this court cannot examine further. Ratio |
If the inferior court tells this court why it had done what it has and makes it part of its order, this court can examine it. Ratio |
" This decision was affirmed by the Court of Appeal (and the decision of the Court of Appeal is reported in Rex vs Northumberland Compensation Appeal Tribunal, Ex parte Shaw (2) and while doing so Denning L. J. (as he then was) discussed at p. 352, what was it that constituted the record : " What, then, is the record?.... |
Following these cases I think the record must contain at least the document which initiates the proceedings; the pleadings if any; and the adjudication; but not the evidence, nor the reasons, unless the tribunal chooses to incorporate them. Ratio |
If the tribunal does state its reasons, and these reasons are wrong in law, certiorari lies to quash the decision. Ratio |
" This decision only affirmed that certiorari could lie only if an order made by the inferior tribunal was a speaking order. Ratio |
It did not lay down any duty on the inferior tribunal to set out the reasons for its order but (1) , 718. Ratio |
(2) ; 169 only pointed out that if no reasons were given it would be impossible for the High Court to interfere by exercising its prerogative jurisdiction in the matter of certiorari. Ratio |
A more relevant decision on this point is that of this Court in A. K. Gopalaa vs The State of Madras and, Anr. Ratio |
In that case the provision of law which was impugned amongst others was one which prevented the detenu on pain of prosecution from disclosing to the Court the grounds of his detention communicated to him by the detaining authority. Ratio |
This provision was struck down as ultra vires and void. Ratio |
The reason given by Mahajan J. (as he then was) is stated at p. 243: " This Court would be disabled from exercising its functions under article 32 and adjudicating on the point that the grounds given satisfy the requirements of the sub clause if it is not open to it to see the grounds that have been furnished. Ratio |
It is a guaranteed right of the person detained to have the very grounds which are the basis of the order of detention. Ratio |
This Court would be entitled to examine the matter and to see whether the grounds furnished are the grounds on the basis of which he has been detained or they contain some other vague or irrelevant material. Ratio |
The whole purpose of furnishing a detained person with the grounds is to enable him to make a representation refuting these grounds and of proving his innocence. Ratio |
In order that this Court may be able to safeguard this fundamental right and to grant him relief it is absolutely essential that the detenu is not prohibited under penalty of punishment to disclose the grounds to the Court and no injunction by law can be issued to this Court disabling it from having a look at the groun... |
Section 14 creates a substantive offence if the grounds are disclosed and it also lays a duty on the Court not to permit the disclosure of such grounds. Ratio |
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