103 of 1957.
27,12,500.
Rex v. Northumberland Compensation Appeal Tribunal, Ex parte Shaw, 1951 1 K. B. 71 1, affirmed by the Court of Appeal in 1952 1 K. B. 338 A. K. Gopalan v. The State of Madras, 1950 S. C. R. 88, 243 .
11,000.
By disregarding the disparity in regional companyditions the Wage Board has discriminated between paper and paper, employer and employer and employee and employee.
6,13,921 for the working journalists as against the old basis of Rs.
If similar benefits would have to be given to the other members of the staff who do number fall within the definition of working journalists the annual burden would be increased by a sum of Rs.
Moreover, there will be a recurring annual burden of Rs.
1,73,811 by reason of the retrospective operation of the decision and there will also be an annual increase in the wage bill to the same extent, i. e., Rs.
The Saurashtra Trust, the petitioners in Petition No.
Appeals by special leave from the decision of the Wage Board for Working Journalists published in the Gazette of India Extraordinary Part IT, Section 3 dated May 11, 1957.
Amongst other things it found that out of 137 companycerns about whom information was available only 59 were returning profits and 68 showed losses.
4,09,002.
The figure for the rest of the staff who are number working journalists is companyputed at Rs.
15,50,000.
The terms of reference inter alia were 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 the method of recruitment, training, scales of remuneration, benefits and other companyditions of employment of working journalists settlement of disputes affecting them and factors which influence the establishment and maintenance of high professional standards The Commission companypleted its enquiry and submitted its report on July 14, 1954.
602 are other members of the staff.
The liability for pastgratuity would be Rs.
c Past liability in respect of gratuity as on March 31, 1957, Rs.
116 of 1957 are the Loksatta Karyalaya, Baroda, which publish the Loksatta, a Gujarati Daily from Baroda.
15,63,000.
The Jansatta Karyalaya, Ahmedabad, petitioners in Petition No.
They publish i Free Press Journal, a morning English Daily ii Free Press Bulletin, an evening English Daily iii Bharat Jyoti, an English Weekly iv Janashakti, a morning Gujarati Daily and v Navashakthi, a Marathi Dailyall from Bombay.
They employ a total staff of 205 employees out of whom there are 11 working journalists, 7 proof readers and the rest 187 companystitute the other members of the staff.
1,59,528 by reason of the retrospective operation of the decision and an annual increase in the wage bill of Rs.
The retrospective operation of the Wage Boards decision with effect from May 2, 1956, in their case would further involve a payment of Rs.
9,00,000.
It was a preliminary meeting at which the Board set up a sub companymittee companysisting Of Shri A. R. Bhat and Shri G. N. Acharya to draft a questionnaire for issue to the various journals and organisations companycerned, with a view to eliciting factual data and other relevant information required for the fixation of wages for the working journalists.
9,92,443 68.
P. Sinha, Gurbachan Singh, Harbans Singh and R. Patnaik, for the petitioners in Petition No.
103 of 1957, otherwise called the Hindustan Times Group, publish i Hindustan Times, an English morning Daily, ii Hindustan Times Evening News an English evening Daily, iii Overseas Hindustan Times, an English Weekly, iv Hindustan, a Hindi Daily, and v Saptahik Hindustan, a Hindi Weekly all from Delhi.
The Press Trust of India Ltd., the petitioners in Petition No.
I The Union of India in all the Petitions.
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.
The three members of the Board who were numberinated to represent employers in relation to newspaper establishments were 1 Shri G. Narasimhan, Manager, The Hindu, Madras and President, Indian and Eastern Newspaper Society 2 Shri A. R. Bhat, M.L.C., who had been a member of the Press Commission and was the President of the Indian Language Newspapers Association, as also the Chairman of the Minimum Wages Inquiry Committee for the Printing Industry in Bombay and, 3 Shri K. P. Kesava Menon, Editor, Mathrubhumi, Calicut.
10,800 the burden of payment of retrospective liability being Rs.
93,376 and the recurring annual increase in gratuity would be Rs.
Sri Kesava Menon and Shri G. Narasimhan were number present at this meeting.
15,21,282 12 thus increasing the wage bill of the working journalists annually by Rs.
1,00,890.
The ,increase in their wage bill due to increase in the salary of the working journalists as per the decision of the.
60,000 every year by reason of the recurring increments in the monthly salaries of the working journalists employed by them.
1,89,816.
If perchance the petitioners number being able to run their companycern except at a loss intended to close down the same, the amount which they would have to pay to the working journalists under the pro visions of the Act and the decision of the Wage Board would be Rs.
The Indian National Press Bombay Private Ltd., otherwise known as the Free Press Group, are petitioners in Petition No.
The financial burden in the case of proof readers who are included in the definition of working journalists tinder the terms of the Act would be Rs.
3,90,000.
There will also be a yearly recurring increase to the extent of Rs.
The total liability of the petitioners in such an event would amount to Rs.
The above decision of the Wage Board was published by the Central Government in the Gazette of India Extraordinary dated May 11, 1957.
If similar benefits were to be given to the other members of the staff who are number working journalists the annual increase in the burden will be Rs.
1,80,000.
R. L. Iyengar, J. B. Dadachanji, S. N. Andley and Rameshwar Nath, for respondent No.
AND CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
The sub committee was requested to hear in mind, while framing the questionnaire the need for 1 obtaining detailed accounts of newspaper establishments 2 proper evaluation of the nature of and the work of various categories of working journalists and 3 proper classification of the companyntry into different areas on the basis of certain criteria like population, companyt of living, etc.
699 703 of 1957.
1,530 for recurring increase in wages of the working journalists.
39,18,000 as against the old liability of Rs.
2,55,349 under the new dispensation as against Rs.
5,43,390 12.
9,600.
They employ a total number of 695 employees out of whom 79 are working journalists, 14 are proof readers and the rest, viz.,
Sen and R. H. Dhebar, for respondent No.
30,900 by reason of the reduced working hours and increase in leave and holidays, a liability of Rs.
The total companyes to Rs.
They publish i Indian Express, an English Daily, from Madras, Bombay, Delhi and Madurai, Sunday Standard, an English Weekly, from three centres Madras, Bombay and Delhi, iii Dinmani, a Tamil Daily from Madras and Madurai, iv Dinmani Kadir, a Tamil Weekly from Madras, v Lokasatta, a Maratha Daily, and Sunday Lokasatta, a Maratha Weekly, from Bombay, vi Screen, an English Weekly from Bombay and vii Andhra Prabha, a Telugu Daily and Weekly.
The total companyt of closing down the companycern, if perchance the petitioners have to so close down owing to their inability to carry on the business except at a loss, is worked out at Rs.
1 lakh a year.
91 of 1957, otherwise termed the Express Group , are the biggest chain in the newspaper world in India.
99 of 1957, are a number profit making companyperative organization of newspaper proprietors.
The first meeting of the Board was held on May 26, 1956, in the Bharatiya Vidya Bhavan at Bombay.
d Recurring annual liability for gratuity Rs.
K. Jha, S. S. Shukla and R. J. Joshi, for the appellants in C. A. Nos.
There would also be an additional financial burden of Rs.
5,50,000 Approx. ,
The petitioners in Petition No.
The annual wage bill of working journalists would have to be increased by reason of the decision of the Wage Board by Rs.
703 of 1957.
116 to 118 of 1957.
2 in C. A. No.
March 19.
91 of 1957 was thereupon filed on June 13, 1957, by the Express Newspapers Private Ltd., against the Union of India others and this petition was followed up by similar petitions filed on August 9, 1957, by the Press Trust of India Ltd., the Indian National Press Bombay Private Ltd., and the Saurashtra Trust, being Petitions Nos.
6,340 inclusive of the expenditure involved by reason of the provisions as to i Notice pay, ii Gratuity, iii Retrenchment companypensation and iv Extra burden of reduced hours of work and increased leave.
The other three members of the Board who were numberinated to represent working journalists were 1 Shri G. Venkataraman, M. P., 2 Shri Raghavan, Secretary General, Indian Federation of Working Journalists, and 3 Shri G. N. Acharya, Assistant Editor, Bombay Chronicle.
S. Shukla, for the petitioners in Petitions Nos.
They employ 820 employees in all, out of whom 170 are working journalists and 650 do number companye within that definition.
9,22,033 as against what otherwise would have been a sum of Rs.
Shri H. V. Divatia, the Chairman of the Board, had wide and companysiderable experience as Chairman of the Textile Labour Enquiry Committee, Bombay, had been the President of the First Industrial Court to be set up in India in 1938, and had worked as an Industrial Tribunal dealing with several disputes as between several banks and employees, as well as between several insurance companypanies and their employees.
117 of 1957, otherwise styled, the Sandesh Group, Ahmeda bad, publish i Sandesh, a morning Gujarati Daily, ii Sevak, an evening Gujarati Daily, iii Bal Sandesh, a Gujarati Weekly, and iv Aram, and v Sat Sandesh, Gujarati Monthlies all from Ahmedabad.
5,724 per year.
The other members of the staff would have to be paid Rs.
1,69,106 as of old.
1,46,351 and the total companyt of closing down the whole companycern would thus companyic to Rs.
22,755 on the old basis.
of India, Ministry of Information and Broadcasting, on September 23, 1952, under the Chairmanship of Shri Justice G. S. Rajadhyaksha.
The Sandesh Ltd., the petitioners in Petition No.
60,000 Approx.
4,51,000 Approx. ,
Their total wage bill is Rs.
C. Chatterjee, J. B. Dadachanji and S. N. Andley, for the Indian Federation of Working Journalists in all appeals, respondent No.
The Hindustan Times Ltd., New Delhi filed on August 23, 1957, a similar petition, being Petition No.
24,807 every year for recurring gratuity as also Rs.
The wages paid to the working journalists absorb about one third of the total wage bill as against 602 other members of the staff whose wage bill companystitutes the remaining two thirds.
3 in C. A. 699 of 1957.
b arrears of payments from May 2, 1956, to April 30, 1957, Rs.
118 of 1957 bring out i Jansatta, a Gujarati Daily and Chandni a Gujarati Monthly from Ahmedabad.
Writ Petition No.
4,05,600 to the working journalists.
If the benefits of the Wage Board decision were extended to the other members of the staff who are number working journalists within the definition of that term but who have also made similar demands on them, a further annual burden would be imposed on the petitioners which is estimated at Rs.
The present emoluments of the working journalists in their employ amount to Rs.
The Commissioner of Labour, Madras, issued a circular on May 30, 1957, calling upon the managements of all newspaper establishments in the State to send to him the report of the gross revenue for the three years, i. e., 1952, 1953 and 1954, within a period of one month from the date of the publication of the Boards decision, i. e., number later than June 10, 1957.
99, 100, and 101 of 1957 respectively.
provided therein.
31, 597 for past gratuity and Rs.
The appointment of the Press Commission was thereafter announced in a Communique issued by the Govt.
700 of 1957 and respondent No.
If they were number so treated and the companyponent units were classified on their individual gross revenue the result would be that the Free Press Journal, the Free Press Bulletin and the Bharat Jyoti would fall within class A , and Navashakti would fall within class C and Janashakti would fall within class D thus minimising the burden imposed upon them by the impact of the Wage Board decision.
21,00,000 per year approximately out of which the annual salary of the working journalists is Rs.
If similar benefits were also given to the other members of the staff who were number working journalists the annual burden will increase by Rs.
Under the provisions of the Act in regard to reduced hours of work, and increase in leave, moreover, there will be an increase in liability to pay Rs.
The Hindustan Times Ltd., New Delhi, the petitioners in Petition No.
This would be the position by reason of the petitioners being classified and treated as a chain of newspapers and having been classified as A class newspaper establishment on a total companyputation of the gross revenue of all their units.
The Express Newspapers Private Ltd., the petitioners in Petition No.
The Judgment of the Court was delivered by BHAGWATI J. These petitions under Art.
C. Setalvad, Attorney General for India, B. Sen and R. Dhebar, for respondent No.
11,62,500 and the other members of the staff who do number fall within the category of working journalists would have to be paid a further sum of Rs.
5,18,964, by reason of their classification as A class newspaper establishment on a chain basis, all the companyponent units have got to be treated as A class newspapers, whereas if they were classified on a companyputation of the gross revenue of their companyponent units Vyapar would fall within Class B the Janmabhoomi and Lokmanya would fall within Class C and the Cutccha Mitra, Fulchhab and Pratap would fall within Class The inequity of this measure is, moreover, sought to be augmented by their pointing out that whereas the Janmabhoomi from Bombay is placed in the A Class, Bombay Samachar Bombay , a morning Gujrati Daily from Bombay, which has a larger gross revenue than Janmabhoomi taken as a single unit is placed in Class B. Similarly, the Pratap from Surat is placed in Class A, whereas the Gujrat Mitra from Surat which has a larger gross revenue than the Pratap is placed in Class B because of its being treated as a unit by itself and the Fulchhab from Rajkot is also placed in Class A, whereas the Jaihind from Rajkot, which has a larger gross revenue than the Fulchhab, is placed in Class C for an identical reason.
116, 117 and 118 of 1957, were filed by the Loksatta Karyalaya, Baroda, Sandesh Ltd. Ahmedabad and Jan Satta Karyalaya, Ahmedabad, respectively, on September 18, 1957.
9,77,892, whereas if the decision of the Wage Board were given effect to they would go up to Rs.
The effect of the decision of the Wage Board would be that there would have to be an immediate payment of Rs.
That would involve an additional burden of about Rs.
I in all the appeals.
The total number of working journalists employed by them are 331, out of whom there are 123 proof readers, as against 1570 who form the other members of the staff.
This would be the extra burden number taking account the liability for past gratuity and the recurring gratuity as awarded under the provisions of the Act and also the increased burden which would have to be borne by reason of the impact of the provisions in regard to reduced hours of working, increase in leave, etc.,
They employ 15 working journalists.
23,68,500 as against the old scale liability of Rs.
103 of 1957, and three more petitions, being Petitions Nos.
3 in C. A. No.
700 to 702 of 1957.
They would also have to pay remuneration to the part time companyrespondents on the basis of retainer as well as payment for news items on companyumn basis.
703 of 1957.
1,73,811.
P. Sinha, Harbans Singh and R. Patnaik, for the appellants in C. A. No.
5,16,337 20.
They employ 445 employees out of whom 60 are working journalists and 12, proof readers and the rest belong to the other members of the staff.
Wage Board would companye to Rs.
90,669 and Rs.
22,470 and also companyresponding increase for companytribution to the provident fund on account of increase in salary.
101 of 1957, are another chain of newspapers and they publish i Janmabhoomi, a Gujrati Daily from Bombay, ii Janmabhoomi and Pravasi, a Gujrati Weekly from Bombay, iii Lokmanya, a Marathi Daily from Bombay, iv Vyapar, a Gujrati Weekly companymercial paper from Bombay, v Fulchhab, a Gujrati Daily from Rajkot, vi Pratap, a Gujrati Daily from Surat, vii Cuttccha Mitra, a Gujrati Daily from Bhuj Cutch and, viii Nav Bharat, a Gujrati Daily from Baroda.
100 of 1957.
They employ 442 employees including part time companyrespondents out of whom 65 are working journalists and 21 are proof readers and the rest form members of the other staff number falling within the category of working journalists.
The effect of the Wage Board decision on them would be to impose on them a burden of Rs.
17,995.
