REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.

246 OF 2011 ABP Pvt. Ltd. & Anr. Versus Union of India & Ors.
WITH WRIT PETITION (CIVIL) NO. 3 2 OF 2011 WRIT PETITION (CIVIL) NO. 3 4 OF 2011 WRIT PETITION (CIVIL) NO. 3 6 OF 2011 WRIT PETITION (CIVIL) NO. 40 OF 2011 WRIT PETITION (CIVIL) NO. !10 OF 2011 WRIT PETITION (CIVIL) NO. !3 OF 2011 WRIT PETITION (CIVIL) NO. !14 OF 2011 WRIT PETITION (CIVIL) NO. !46 OF 2011 WRIT PETITION (CIVIL) NO. " OF 2012 WRIT PETITION (CIVIL) NO. 264 OF 2012 WRIT PETITION (CIVIL) NO. 31! OF 2012 WRIT PETITION (CIVIL) NO. 1" OF 2013 WITH CONTEMPT PETITION (CIVIL) NO. 2!2 OF 2012 IN WRIT PETITION (CIVIL) NO. !3 OF 2011

.... Petitioner (s)

.... Respondent(s)

JUDGMENT
P.S#$%#&'(#)* CJI. 1) These writ petitions under Arti!"e #$ of the %onstitution of

1 Page 1

India

have &een fi"ed &' the petitioners ((ana)e(ent of

various newspapers) pra'in) for a de!"aration that the *or+in) ,ourna"ists and Other -ewspaper .(p"o'ees (%onditions of /ervi!e) and 0is!e""aneous Provisions A!t 1122 (in short 3the A!t4) is ultra vires as it infrin)es the funda(enta" ri)hts )uaranteed under Arti!"es 15 11(1)(a) and 11(1)()) of the %onstitution of India. The petitioners further pra'ed for

6uashin) of the notifi!ation dated 11.11.$711 issued &' the %entra" 8overn(ent a!!eptin) the re!o((endations (ade &' ,usti!e 0a9ithia *a)e Boards for *or+in) ,ourna"ists and -on: ,ourna"ist -ewspaper and -ews A)en!' .(p"o'ees. F#+$,#- B#+./01,234 $) It is pertinent to )ive a vivid &a!+)round of the !ase &efore

we advent to de!ide the issue at hand. *a' &a!+ in 1122 the 8overn(ent of India ena!ted the i(pu)ned A!t to re)u"ate the !onditions of servi!e of *or+in) ,ourna"ists and in 11;5 via a(end(ent for other -ewspaper .(p"o'ees e(p"o'ed in newspaper esta&"ish(ents. <or the purpose of fi=in) or revisin) the rates of wa)es of e(p"o'ees in newspaper esta&"ish(ents the %entra" 8overn(ent is e(powered under /e!tions 1 and 1#% of the A!t to !onstitute two *a)e Boards vi>. one for the

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wor+in) 9ourna"ists and other for non:9ourna"ist newspaper e(p"o'ees respe!tive"'. Li+ewise the A!t a"so spe!ifies that the %entra" 8overn(ent sha"" as and when ne!essar' !onstitute these *a)e Boards. The !o(position of the *a)e Boards is

spe!ified as (entioned &e"ow?:

(a) Three persons representin) e(p"o'ers in re"ation to -ewspaper .sta&"ish(ents@ (&) Three persons representin) wor+in) 9ourna"ists for *a)e Board under /e!tion 1 and three persons representin) non: 9ourna"ist -ewspaper .(p"o'ees for *a)e Board under /e!tion 1#% of the A!t@ (!) <our independent persons one of who( sha"" &e a person who is or has &een a ,ud)e of the Ai)h %ourt or the /upre(e %ourt and who sha"" &e appointed &' the 8overn(ent as the %hair(an thereof.

#) It is re"evant to note that sin!e 1122 si= *a)e Boards have &een !onstituted for wor+in) 9ourna"ists and four *a)e Boards for non:9ourna"ist newspaper e(p"o'ees in order to fi= or revise the rates of wa)es. The re"evant detai"s of the pre!edin) *a)e Boards are as under?:

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(i)

D'(#$'# W#/5 B1#03

D#$5 16 C%#--52/5 A++57$#2+ 5 17.72.112; In Express Newspaper (P) Ltd. vs. Union of India 1121 /%R 1$ the de!ision of the Civatia *a)e Board as we"" as the !onstitutiona" va"idit' of the A!t was !ha""en)ed &efore this %ourt. This %ourt set aside the de!ision of the *a)e Board dt. #7.75.112; on the )round that it did not ta+e into a!!ount the !apa!it' of the industr' to pa'. As a resu"t of this de!ision an ordinan!e dated 15.7B.112D was pro(u")ated whi!h provided for the esta&"ish(ent of a /pe!ia" %o((ittee for (a+in) re!o((endations to the %entra" 8overn(ent in re)ard to the rates of wa)es to &e fi=ed for wor+in) 9ourna"ists. Later in /epte(&er 112D the *or+in) ,ourna"ists (<i=ation of Rates of *a)es) A!t 112D was passed &' the Par"ia(ent.

D#$5 16 A771'2$)52 $ 7$.72.112B

(ii)

S%'235 W#/5 B1#03

D#$5 16 D#$5 16 C%#--52/5 A771'2$)52$ A++57$#2+ 5 1$.11.11B#E $;.17.11B; In Press Trust of India vs. Union $2.7$.11B5 of India & Ors. (11;5) 5 /%% B#D this %ourt stru!+ down the re!o((endations of the se!ond *a)e Board insofar as PTI was !on!erned as unreasona&"e and far in e=!ess of what the e(p"o'ees the(se"ves were de(andin) and &e'ond the finan!ia" !apa!it' of the esta&"ish(ent and hen!e vio"ative of the funda(enta" ri)hts )uaranteed under Part III of the %onstitution.

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(iii) P#-5.#0 W#/5 B1#03

D#$5 16 D#$5 16 C%#--52/5 A771'2$)52$ A++57$#2+ 5 11.7B.11;2E $B.1$.11D7 The !onstitution of *a)e Board was 7B.7$.11;B !ha""en)ed on $7.7;.11D1 on the )round of "a!+ of independen!e. In Ce!e(&er 11;; the e(p"o'ers4 representatives wrote to the %entra" 8overn(ent that the' were withdrawin) fro( the *a)e Board as desired &' the or)ani>ations. The )overn(ent (ade severa" efforts to reso"ve the dead "o!+. On $D.7D.11;D *rit Petitions were fi"ed &' the Indian and .astern -ewspaper /o!iet' and Others in the Ai)h %ourt at Bo(&a' !ha""en)in) the !onstitution of the *a)e Boards. In order to find a so"ution the President pro(u")ated on #1.71.11;1 the *or+in) ,ourna"ists and other -ewspaper .(p"o'ees (%onditions of /ervi!e) and 0is!e""aneous Provisions (A(end(ent) Ordinan!e 11;1. This ordinan!e provided for the !onstitution of a Tri&una" !onsistin) of a person who isEor has &een a ,ud)e of the Ai)h %ourt or /upre(e %ourt in p"a!e of ea!h su!h Board and the a&o"ition of su!h Boards upon the !onstitution of su!h Tri&una"s and for the !ontinuan!e of the interi( wa)es notified &' the 8overn(ent after ta+in) into a!!ount the re!o((endations of su!h Boards.

(iv) B#+%#8#$ W#/5 B1#03

D#$5 16 D#$5 16 A771'2$)5 A++57$#2+ C%#--52/5

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2$ 1;.7;.11D2

5 #1.7D.11D1

The award was !ha""en)ed in Indian Express Newspapers (Pvt.) Ltd. and Ors. vs. Union of India & Ors. 1112 /upp (5) /%% ;2D.

(v)

M#2'&#2# W#/5 B1#03

D#$5 16 A++57$#2+ 5 2.1$.$777E1 2.1$.$777 &' -otifi!ation. C%#--52/5 This *a)e Board4s award was !ha""en)ed in Farnata+a and Ce"hi Ai)h %ourt. The %ourt whi"e de!idin) the !ha""en)e stru!+ down the award on the )round that the proviso to /e!tion 1$($) was not fo""owed. Aowever despite the 0anisana Award &ein) stru!+ down it was i(p"e(ented &' a"" the newspaper esta&"ish(ents.

D#$5 16 A771'2$)52 $ 71.71.1115

(vi) N#0#9#2# :,0,7 W#/5 B1#03 ; M#<'$%'# W#/5 B1#03 601) 04.03.200=
D#$5 16 A771'2$)52 $ $5.72.$77; D#$5 16 C%#--52/5 A++57$#2+ 5 #1.1$.$717 *ith a s"i)ht (odifi!ation the )overn(ent notified it on 11.11.$711. Its report is a!!epted and i(pu)ned in these pro!eedin)s on various asserted )rounds.

C12&$'$,$'12 16 J,&$'+5 M#<'$%'# W#/5 B1#03& 5) The 8overn(ent !onstituted two Boards on $5.72.$77;

one for the *or+in) ,ourna"ists and the other for -on:,ourna"ist -ewspaper .(p"o'ees under /e!tions 1 and 1#% of the A!t under the %hair(anship of Cr. ,usti!e -ara'ana Furup.
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The

%hair(an and si= of the re(ainin) nine (e(&ers were !o((on to &oth the *a)e Boards. The re(ainin) three

(e(&ers ea!h representin) the *or+in) ,ourna"ists and -on: ,ourna"ist -ewspaper .(p"o'ees had &een no(inated &' their respe!tive Unions. The *a)e Boards were )iven three 'ears4 duration to su&(it their Reports to the %entra" 8overn(ent. 2) Aowever due to sudden !han)e of events Cr. ,usti!e F.

-ara'ana Furup the %hair(an of the aforesaid *a)e Boards su&(itted his resi)nation effe!tive fro( #1.7;.$77D after !o(p"etin) (ore than one 'ear4s tenure. /u&se6uent"' ,usti!e 8ur&a= Rai 0a9ithia a retired 9ud)e of the Ai)h %ourt of 0u(&ai was appointed as the !o((on %hair(an of the two *a)e Boards for *or+in) ,ourna"ists and other -ewspaper .(p"o'ees who too+ over the !har)e on 75.7#.$771. Another si)nifi!ant !han)e in the !o(position of the *a)e Boards o!!urred due to sudden de(ise of /hri 0adan Phadnis representin) the A"" India -ewspaper .(p"o'ees <ederation who was a (e(&er of the *a)e Board for -on:,ourna"ist -ewspaper .(p"o'ees. p"a!e /hri 0.%. -arasi(han In his

as no(inated &' the sa(e

<ederation was su&stituted as (e(&er of the Board for -on: ,ourna"ist -ewspaper .(p"o'ees. /in!e then the !o(position

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of the two *a)e Boards has &een as under?:

W#/5 B1#03 610 W10.'2/ J1,02#-'&$&
1. $. #. 5. 2. B. ;. D. 1. 17. ,usti!e 8ur&a= Rai 0a9ithia retired ,ud)e of the Ai)h %ourt of Bo(&a' at 0u(&ai /hri F.0. /ahni <or(er /e!retar' 0inistr' of La&our and .(p"o'(ent /hri B.P. /in)h /hri P.-. Prasanna Fu(ar /hri -aresh 0ohan representin) Indian -ewspaper /o!iet' /hri 8urinder /in)h representin) A"" India /(a"" and 0ediu( -ewspapers /hri Prataprai Tara!hand /hah representin) Indian "an)ua)e -ewspaper Asso!iation /hri F. Vi+ra( Rao President Indian <ederation of *or+in) ,ourna"ists Cr. -and Fishore Tri+ha President -ationa" Union of ,ourna"ists (India) /hri /uresh A+houri Union President Indian ,ourna"ists %hair(an Independent 0e(&er Independent 0e(&er Independent 0e(&er Representin) .(p"o'ers Representin) .(p"o'ers Representin) .(p"o'ers Representin) *or+in) ,ourna"ists Representin) *or+in) ,ourna"ists Representin) *or+in) ,ourna"ists

W#/5 B1#03 610 N12;J1,02#-'&$ N58&7#750 E)7-1955&

1. $. #. 5. 2. B. ;. D. ,usti!e 8ur&a= Rai 0a9ithia retired ,ud)e of the Ai)h %ourt of Bo(&a' at 0u(&ai /hri F.0. /ahni <or(er /e!retar' 0inistr' of La&our and .(p"o'(ent /hri B.P. /in)h /hri P.-. Prasanna Fu(ar /hri -aresh 0ohan representin) Indian -ewspaper /o!iet' /hri 8urinder /in)h representin) A"" India /(a"" and 0ediu( -ewspapers /hri Prataprai Tara!hand /hah representin) Indian "an)ua)e -ewspaper Asso!iation /hri 0.%. -arasi(han Vi!e President -ewspaper .(p"o'ees <ederation /hri U(a /han+ar 0ishra Vi!e President <ederation of -ewspaper .(p"o'ees A"" India %hair(an Independent 0e(&er Independent 0e(&er Independent 0e(&er Representin) .(p"o'ers Representin) .(p"o'ers Representin) .(p"o'ers Representin) -on:,ourna"ist -ewspaper .(p"o'ees Representin) -on:,ourna"ist -ewspaper .(p"o'ees Representin) -on:,ourna"ist

1.

-ationa"

17.

/hri 0./. Gadav 8enera" /e!retar' %onfederation of -ewspapers and -ews A)en!ies .(p"o'ees4

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Or)ani>ations.

-ewspaper .(p"o'ees

B)

Owin) to the une=pe!ted

!han)e of the (e(&ers

!onstitutin) the *a)e Boards

the' !ou"d not fina"i>e and

su&(it their reports within the pres!ri&ed period of three 'ears as ori)ina""' notified i.e. &' $#.72.$717. As su!h their ter(

was then e=tended up to #1.1$.$717. It is this re!o((endation su&(itted &' the *a)e Boards a!!epted &' the %entra" whi!h was su&se6uent"' and notified on

8overn(ent

11.11.$711 that is i(pu)ned in the )iven pro!eedin)s. D'&+,&&'12 ;) In su!!in!t the petitioners herein !ha""en)ed the

re!o((endations of the *a)e Boards and the notifi!ation dated 11.11.$711 (ain"' on the fo""owin) )rounds?: (i) %onstitutiona" va"idit' of the A!t and the A(end(ent A!t 11;5. (ii) I(proper %onstitution of the *a)e Boards

(iii) Irre)u"arit' in the pro!edure adopted &' 0a9ithia *a)e Boards. (iv) 0a9ithia *a)e Boards over"oo+ed the re"evant

aspe!ts and !onsidered e=traneous fa!tors whi"e

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draftin) the re!o((endations *e sha"" e=a(ine and de"i&erate distin!tive"' on ea!h

!ontested point surfa!ed &' the petitioners herein in the su!!eedin) para)raphs. D) Aeard 0r. Ani" B. Civan 0r. F.F. Venu)opa" 0r. P.P. Rao

0r. A(an Le+hi 0r. /./. Ra(das 0r. Bri9ender %hahar "earned senior !ounse" for the petitioners 0r. 8opa" ,ain 0r. A+hi" /i&a" 0r. -a!hi+et ,oshi 0r. Ani" /hrivastav 0s. Bina 8upta 0r. 0ano9 8oe" 0r. ..%. A)rawa"a "earned !ounse" for the

petitioners 0r. 0ohan Parasaran "earned /o"i!itor 8enera" for the offi!ia" respondents 0r. %o"in 8onsa"ves "earned senior !ounse" and 0r. Par(anand Pande' and 0r. Tha(pan Tho(as "earned !ounse" for other respondents H 9ourna"istsEnon:

9ourna"ists. C12&$'$,$'12#- (#-'3'$9 16 $%5 A+$ #23 A)523)52$ A+$* 1="4 1) At the outset a"(ost a"" the "earned !ounse" for the

petitioners !ha""en)ed the vires of the A!t on twin )rounds. <irst"' the A!t infrin)es the )uaranteed funda(enta" ri)hts under Arti!"es 15 and 11 of the %onstitution. /e!ond"' the A!t

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has &e!o(e o&so"ete with the passa)e of ti(e. 17) It is su&(itted &' "earned !ounse" for the petitioners that (isp"a!ed !"assifi!ation and sin)"in) out of a spe!ifi! &usiness industr' &ein) the -ewspaper Industr' is vio"ative of Arti!"e 15 sin!e the A!t on"' re)u"ates the print (edia and not e"e!troni! (edia. A"so in the era of )"o&a"i>ation and "i&era"i>ation to sha!+"e one part of the industr' with re)u"ations is

unreasona&"e unfair and ar&itrar' and therefore vio"ative of Arti!"es 11(1)(a) and 11(1)()). 11) Learned senior !ounse" for the petitioners &esides

o&9e!tin) to the !onstitutiona"it' of the *a)e Boards a"so p"a!ed heav' re"ian!e on the fa!t that in other industries su!h as !otton su)ar tea !offee ru&&er !e(ent 9ute a"" the *a)e Boards have &een a&o"ished over a period of ti(e (su)ar &ein) the "ast in 11D1). The' further e(phasi>ed on the fa!t that the -ationa" %o((ission on La&our in $77$ a"so une6uivo!a""' re!o((ended that there was no need for a *a)e Board to &e !onstituted for an' industr'. 1$) Li+ewise it is the stand of the petitioners that due to si)nifi!ant so!io:e!ono(i! !han)es havin) ta+en p"a!e in the

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Indian e!ono(' after de:re)u"ation and privati>ation

the

ne!essit' for *a)e Boards has e!"ipsed. In order to esta&"ish this "earned !ounse" referred to the o&9e!t and purpose of the A!t i.e. to a(e"iorate the !onditions of servi!e. A!!ordin) to "earned senior !ounse" this purpose has &een a!hieved toda' as 9ourna"ists are paid a !o(pensation pa!+a)e. !ontro""in) and fair wa)e and a"so )iven a the re6uire(ent for of servi!e of

Resu"tant"' the

re)u"atin)

!onditions

newspaper e(p"o'ees that was preva"ent in ear"ier phase (1122 onwards) is no "on)er re6uired. 1#) Pre!ise"' "earned !ounse" for the petitioners stressed on the ensuin) four points to su&stantiate their !"ai( that there is a !o(p"ete !han)e in the s!enario sin!e 1122 when the Press %o((ission was !onstituted to )o into the !onditions of e(p"o'(ent of wor+in) 9ourna"ists? (a) The 9ourna"ists are an essentia" and vita" part of a newspaper esta&"ish(ent. As an out!o(e newspaper esta&"ish(ents re6uire s+i""s 6ua"ifi!ation and

e=pertise to ensure the &est !ontent as this is ne!essar' for attra!tin) retainin) and in!reasin)

viewership whi!h in turn re6uires the fu"" support of

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9ourna"ists. (&) Throu)h &i"atera" ne)otiations and dis!ussions the petitioners have entered into !ontra!ts with a vast (a9orit' of 9ourna"ists and offered the( wa)es sa"aries and !o(pensation pa!+a)e to retain top !"ass ta"ent. (!) The newspaper industr' itse"f has under)one a sea !han)e H peop"e 3s"eep with the news4 (due to the advent of news !hanne"s on te"evision). <urther printin) te!hno"o)' has !han)ed as a !onse6uen!e and the newspapers now offer a &etter 6ua"it' produ!t. 0anpower (ana)e(ent has &een

stren)thened to attra!t the &est ta"ent. (d) There is )reater !o(petition fro( the internet di)ita" (edia in news !hanne"s and fro( forei)n

newspapers therefore there is a"read' an o&"i)ation on the print (edia to retain the &est ta"ent &' providin) fine wor+in) !onditions. In &rief it was !ontended that in the present ti(es of e!ono(i! "i&era"i>ation the A!t has &e!o(e o&so"ete. As a resu"t *a)e

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Boards have "ost their uti"it' and purpose for whi!h the' were set up and the 1122 A!t have &e!o(e outdated and have out"ived its uti"it' espe!ia""' with the advent of the e"e!troni! (edia and other avenues.

15) 0oreover "earned senior !ounse" su&(itted that the tra!+ re!ord and report of the *a)e Board is another pointer to this effe!t. 0ost of the de!isions of the *a)e Board have &een

6uashed. The re!o((endations of the first *a)e Board were set aside &' this %ourt in Express Newspaper (P) Ltd. vs. Union of India 1121 /%R 1$ and the previous 0anisana *a)e Board (Vth *a)e Board) was a"so set aside &' the Farnata+a Ai)h %ourt and the Ce"hi Ai)h %ourt on effe!tive )rounds. In view of the a&ove assertions and ta+in) into a!!ount the )round rea"ities the petitioners pra'ed that the' (ust &e )iven a free hand and shou"d not &e &urdened with an outdated and anti6uated statute. Aen!eforth the' p"eaded for a&o"ish(ent of the *a)e Boards and to de!"are the A!t un!onstitutiona". 12) In support of the a&ove proposition "earned !ounse" for

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the petitioners a"so re"ied on the de!isions of this %ourt in John Va a!atto! vs. Union of India ($77#) B /%% B11 "a pe Vishwanath #$har%a vs. &tate of "aharashtra (111D) $ /%% 1 and Indian 'andi$rafts E!poriu! vs. Union of India ($77#) ; /%% 2D1. 1B) 0r. 0ohan Parasaran "earned /o"i!itor 8enera" and 0r. %o"in 8onsa"ves "earned senior !ounse" effe!tive"' responded to a"" the !ontentions raised &' the petitioners &' re"'in) on %onstitution Ben!h de!isions of this %ourt and pra'ed for re9e!tion of their ar)u(ents. 1;) This is not the first ti(e when the aspe!t as to the %onstitutiona" Va"idit' of the A!t as &ein) ultra vires the %onstitution and vio"ative of funda(enta" ri)hts is &ein) en!ountered &' this %ourt. It has a"read' &een e=press"' de!ided &' a %onstitution Ben!h of this %ourt in Express Newspaper (P) Ltd. vs. Union of India AIR 112D /% 2;D and has &een he"d to &e intra vires the %onstitution. The re"evant portions of the said 9ud)(ent are e=tra!ted hereunder? C%#--52/5 >,# A0$'+-5 1=(1)(#)4
I12#. In the present !ase it is o&vious that the on"' 9ustifi!ation for the ena!t(ent of the i(pu)ned A!t is that it 15 Page 15

i(poses reasona&"e restri!tions in the interests of a se!tion of the )enera" pu&"i! vi>. the wor+in) 9ourna"ists and other persons e(p"o'ed in the newspaper esta&"ish(ents. It does not fa"" within an' of the !ate)ories spe!ified in Arti!"e 11($) vi>. IIn the interest of the se!urit' of the /tate friend"' re"ations with forei)n /tates pu&"i! order de!en!' or (ora"it' or in re"ation to !onte(pt of !ourt defa(ation or in!ite(ent to an offen!e.J Arti!"e 11($) &ein) thus out of the 6uestion the on"' point that fa""s to &e deter(ined &' us is whether the provisions of the i(pu)ned A!t in an' wa' ta+e awa' or a&rid)e the petitioners funda(enta" ri)ht of freedo( of spee!h and e=pression. 125. It was !ontended &efore us &' the "earned Attorne': 8enera" that it was on"' "e)is"ation dire!t"' dea"in) with the ri)ht (entioned in Arti!"e 11(1)(a) that was prote!ted &' it. If the "e)is"ation was not a dire!t "e)is"ation on the su&9e!t Arti!"e 11(1)(a) wou"d have no app"i!ation the test &ein) not the effe!t or resu"t of "e)is"ation &ut its su&9e!t:(atterKJ LLL LLL LLL

I1B7. KIt !ou"d therefore hard"' &e ur)ed that the possi&"e effe!t of the i(pa!t of these (easures in !on!eiva&"e !ases wou"d vitiate the "e)is"ation as su!h. A"" the !onse6uen!es whi!h have &een visua"i>ed in this &eha"f &' the petitioners vi>. the tenden!' to !urtai" !ir!u"ation and there&' narrow the s!ope of disse(ination of infor(ation fetters on the petitioners freedo( to !hoose the (eans of e=er!isin) the ri)ht "i+e"ihood of the independen!e of the press &ein) under(ined &' havin) to see+ )overn(ent aid@ the i(position of pena"t' on the petitionerMs ri)ht to !hoose the instru(ents for e=er!isin) the freedo( or !o(pe""in) the( to see+ a"ternative (edia et! wou"d &e re(ote and depend upon various fa!tors whi!h (a' or (a' not !o(e into p"a'. Un"ess these were the dire!t or inevita&"e !onse6uen!es of the (easures ena!ted in the i(pu)ned A!t it wou"d not &e possi&"e to stri+e down the "e)is"ation as havin) that effe!t and operation. A possi&"e eventua"it' of this t'pe wou"d not ne!essari"' &e the !onse6uen!e whi!h !ou"d &e in the !onte(p"ation of the "e)is"ature whi"e ena!tin) a (easure of this t'pe for the &enefit of the wor+(en !on!erned. 1B1. .ven thou)h the i(pu)ned A!t ena!ts (easures for the &enefit of the wor+in) 9ourna"ists who are e(p"o'ed in newspaper esta&"ish(ents the wor+in) 9ourna"ists are &ut 16 Page 16

the vo!a" or)ans and the ne!essar' a)en!ies for the e=er!ise of the ri)ht of free spee!h and e=pression and an' "e)is"ation dire!ted towards the a(e"ioration of their !onditions of servi!e (ust ne!essari"' affe!t the newspaper esta&"ish(ents and have its reper!ussions on the freedo( of press. The i(pu)ned A!t !an therefore &e "e)iti(ate"' !hara!teri>ed as a (easure whi!h affe!ts the press and if the intention or the pro=i(ate effe!t and operation of the A!t was su!h as to &rin) it within the (is!hief of Arti!"e 11(1)(a) it wou"d !ertain"' &e "ia&"e to &e stru!+ down. The rea" diffi!u"t' however in the wa' of the petitioners is that whatever &e the (easures ena!ted for the &enefit of the wor+in) 9ourna"ists neither the intention nor the effe!t and operation of the i(pu)ned a!t is to ta+e awa' or a&rid)e the ri)ht of freedo( of spee!h and e=pression en9o'ed &' the petitioners. 1B$. The )rava(en of the !o(p"aint of the petitioners a)ainst the i(pu)ned A!t however has &een the appoint(ent of the *a)e Board for fi=ation of rates of wa)es for the wor+in) 9ourna"ists and it is !ontended that apart fro( !reatin) a !"ass of privi"e)ed wor+ers with &enefits and ri)hts whi!h were not !onferred upon other e(p"o'ees of industria" esta&"ish(ents the a!t has "eft the fi=ation of rates of wa)es to an a)en!' invested with ar&itrar' and un!ana"ised powers to i(pose an indeter(inate &urden on the wa)e stru!ture of the press to i(pose su!h e(p"o'er:e(p"o'ee re"ations as in its dis!retion it thin+s fit and to i(pose su!h &urden and re"ations for su!h ti(e as it thin+s proper. This !ontention wi"" &e (ore appropriate"' dea"t with whi"e !onsiderin) the a""e)ed infrin)e(ent of the funda(enta" ri)ht enshrined in Arti!"e 11(1)()). /uffi!e it to sa' that so far as Arti!"e 11(1)(a) is !on!erned this !ontention a"so has a re(ote &earin) on the sa(e and need not &e dis!ussed here at an' parti!u"ar "en)th.J

C%#--52/5 >,# A0$'+-5 1=(1)(/)

I$71. This atta!+ of the petitioners on the !onstitutiona"it' of the i(pu)ned A!t under Arti!"e 11(1)()) vi>. that it vio"ates the petitionersM funda(enta" ri)ht to !arr' on &usiness therefore fai"s e=!ept in re)ard to /e!tion 2(1)(a)(iii) thereof whi!h &ein) !"ear"' severa&"e fro( the rest of the provisions !an &e stru!+ down as un!onstitutiona" without inva"idatin) the other parts of the i(pu)ned A!t.J

1D) In su!!in!t the %onstitution Ben!h of this %ourt in the aforesaid !ase he"d that the i(pu)ned A!t 9ud)ed &' its

17 Page 17

provisions was not su!h a "aw &ut was a &enefi!ent "e)is"ation intended to re)u"ate the !onditions of servi!e of the wor+in) 9ourna"ists and the !onse6uen!es that were adverted to in that !ase !ou"d not &e the dire!t and inevita&"e resu"t of it. It a"so e=pressed the view that a"thou)h there !ou"d &e no dou&t that "i&ert' of the press was an essentia" part of the freedo( of spee!h and e=pression )uaranteed under Arti!"e 11(1)(a) and if the "aw were to sin)"e out the press to "a' prohi&itive &urdens it wou"d fa"" outside the prote!tion afforded &' Arti!"e 11($) the i(pu)ned A!t whi!h dire!t"' affe!ted the press fa"" outside the !ate)ories of prote!tion (entioned in Arti!"e 11($) had not the effe!t of ta+in) awa' or a&rid)in) the freedo( of spee!h and e=pression of the petitioners and did not therefore infrin)e Arti!"e 11(1)(a) of the %onstitution. -or !ou"d it &e he"d to &e vio"ative of Arti!"e 11(1)()) of the %onstitution in view of the test of reasona&"eness "aid down &' this %ourt. 11) A"ternative !ha""en)e to the !onstitutiona"it' of the A!t was on the &asis that se"e!tin) wor+in) 9ourna"ists for )ivin) favored treat(ent is vio"ative of Arti!"e 15 as it is not a reasona&"e !"assifi!ation as per(issi&"e in the aforesaid Arti!"e. The %onstitution Ben!h dea"t with this aspe!t in the fo""owin) ter(s?

18 Page 18

C%#--52/5 >,# A0$'+-5 14

I$17. Re: Art 14.- The 6uestion as for(u"ated is that the i(pu)ned A!t se"e!ted the wor+in) 9ourna"ists for favoured treat(ent &' )ivin) the( a statutor' )uarantee of )ratuit' hours of wor+ and "eave whi!h other persons in si(i"ar or !o(para&"e e(p"o'(ent had not )ot and in providin) for the fi=ation of their sa"aries without fo""owin) the nor(a" pro!edure envisa)ed in the Industria" Cisputes A!t 115;. The fo""owin) propositions are advan!ed? 1. In se"e!tin) the Press industr' e(p"o'ers fro( a"" industria" e(p"o'ers )overned &' the ordinar' "aw re)u"atin) industria" re"ations under the Industria" Cisputes A!t 115; and A!t 1 of 1122 the i(pu)ned A!t su&9e!ts the Press industr' e(p"o'ers to dis!ri(inator' treat(ent. $. /u!h dis!ri(ination "ies in (a) sin)"in) out newspaper e(p"o'ees for differentia" treat(ent@ (&) sadd"in) the( with a new &urden in re)ard to a se!tion of their wor+ers in (atters of )ratuities !o(pensation hours of wor+ and wa)es@ (!) devisin) a (a!hiner' in the for( of a Pa' %o((ission for fi=in) the wa)es of wor+in) 9ourna"ists@ (d) not pres!ri&in) the (a9or !riterion of !apa!it' to pa' to &e ta+en into !onsideration@ (e) a""owin) the Board in fi=in) the wa)es to adopt an' ar&itrar' pro!edure even vio"atin) the prin!ip"e of audi a"tera( parte(@ (f) per(ittin) the Board the dis!retion to operate the pro!edure of the Industria" Cisputes A!t for so(e newspapers and an' ar&itrar' pro!edure for others@ ()) (a+in) the de!ision &indin) on"' on the e(p"o'ers and not on the e(p"o'ees and (h) providin) for the re!over' of (one' due fro( the e(p"o'ers in the sa(e (anner as an arrear of "and revenue. #. The !"assifi!ation (ade &' the i(pu)ned A!t is ar&itrar' and unreasona&"e insofar as it re(oves the newspaper

19 Page 19

e(p"o'ers vis:N:vis wor+in) 9ourna"ists fro( the )enera" operation of the Industria" Cisputes A!t 115; and A!t 1 of 1122. LLL LLL LLL

$1$. *e have a"read' set out what the Press %o((ission had to sa' in re)ard to the position of the wor+in) 9ourna"ists in our !ountr'. A further passa)e fro( the Report (a' a"so &e 6uoted in this !onte=t? IIt is essentia" to rea"i>e in this !onne!tion that the wor+ of a 9ourna"ist de(ands a hi)h de)ree of )enera" edu!ation and so(e +ind of spe!ia"i>ed trainin). -ewspapers are a vita" instru(ent for the edu!ation of the (asses and it is their &usiness to prote!t the ri)hts of the peop"e to ref"e!t and )uide pu&"i! opinion and to !riti!i>e the wron) done &' an' individua" or or)ani>ation however hi)h p"a!ed. The' thus for( an essentia" ad9un!t to de(o!ra!'. The profession (ust therefore &e (anned &' (en of hi)h inte""e!tua" and (ora" 6ua"ities. The 9ourna"ists are in a sense !reative artists and the pu&"i! ri)ht"' or wron)"' e=pe!t fro( the( a )enera" o(nis!ien!e and a !apa!it' to e=press opinion on an' topi! that (a' arise under the sun. Apart fro( the nature of their wor+ the !onditions under whi!h that wor+ is to &e perfor(ed are pe!u"iar to this profession. ,ourna"ists have to wor+ at ver' hi)h pressure and as (ost of the papers !o(e out in the (ornin) the 9ourna"ists are re6uired to wor+ "ate in the ni)ht and round the !"o!+. The edition (ust )o to press &' a parti!u"ar ti(e and a"" the news that &rea+s &efore that hour has )ot to find its p"a!e in that edition. ,ourna"is( thus &e!o(es a hi)h"' spe!ia"i>ed 9o& and to hand"e it ade6uate"' a person shou"d &e we"":read have the a&i"it' to si>e up a situation and to arrive 6ui!+"' at the !orre!t !on!"usion and have the !apa!it' to stand the stress and strain of the wor+ invo"ved. Ais wor+ !annot &e (easured as in other industries &' the 6uantit' of the output for the 6ua"it' of wor+ is an essentia" e"e(ent in (easurin) the !apa!it' of the 9ourna"ists. 0oreover inse!urit' of tenure is a pe!u"iar feature of this profession. This is not to sa' that no se!urit' e=ists in other professions &ut !ir!u(stan!es (a' arise in !onne!tion with profession of 9ourna"is( whi!h (a' "ead to une(p"o'(ent in this profession whi!h wou"d not ne!essari"' have that resu"t in other professions. Their se!urit' depends to so(e e=tent on the whi(s and !apri!es of the proprietors. *e have !o(e a!ross !ases where a !han)e in the ownership of the paper or a !han)e in the editoria" po"i!' of the paper has resu"ted in a !onsidera&"e !han)e in the editoria" staff. In the !ase of other industries a !han)e in the proprietorship does not nor(a""' entai" a !han)e in the staff. But as the 20 Page 20

essentia" purpose of a newspaper is not on"' to )ive news &ut to edu!ate and )uide pu&"i! opinion a !han)e in the proprietorship or in the editoria" po"i!' of the paper (a' resu"t and in so(e !ases has resu"ted in a who"esa"e !han)e of the staff on the editoria" side. These !ir!u(stan!es whi!h are pe!u"iar to 9ourna"is( (ust &e &orne in (ind in fra(in) an' s!he(e for i(prove(ent of the !onditions of wor+in) 9ourna"ists.J (para 21$). $1#. These were the !onsiderations whi!h wei)hed with the Press %o((ission in re!o((endin) the wor+in) 9ourna"ists for spe!ia" treat(ent as !o(pared with the other e(p"o'ees of newspaper esta&"ish(ents in the (atter of a(e"ioration of their !onditions of servi!e. LLL LLL LLL

$12. KThe wor+in) 9ourna"ists are thus a )roup &' the(se"ves and !ou"d &e !"assified as su!h apart fro( the other e(p"o'ees of newspaper esta&"ish(ents and if the "e)is"ature e(&ar+ed upon a "e)is"ation for the purpose of a(e"ioratin) their !onditions of servi!e there was nothin) dis!ri(inator' a&out it. The' !ou"d &e sin)"ed out thus for preferentia" treat(ent a)ainst the other e(p"o'ees of newspaper esta&"ish(ents. A !"assifi!ation of this t'pe !ou"d not !o(e within the &an of Arti!"e 15. The on"' thin) whi!h is prohi&ited under this arti!"e is that persons &e"on)in) to a parti!u"ar )roup or !"ass shou"d not &e treated different"' as a(on)st the(se"ves and no su!h !har)e !ou"d &e "eve""ed a)ainst this pie!e of "e)is"ation. If this )roup of wor+in) 9ourna"ists was spe!ia""' treated in this (anner there is no s!ope for the o&9e!tion that that )roup had a spe!ia" "e)is"ation ena!ted for its &enefit or that a spe!ia" (a!hiner' was !reated for fi=in) the rates of its wa)es different fro( the (a!hiner' e(p"o'ed for other wor+(en under the Industria" Cisputes A!t 115;. The pa'(ent of retren!h(ent !o(pensation and )ratuities the re)u"ation of their hours of wor+ and the fi=ation of the rates of their wa)es as !o(pared with those of other wor+(en in the newspaper esta&"ish(ents !ou"d a"so &e ena!ted without an' su!h disa&i"it' and the (a!hiner' for fi=in) their rates of wa)es &' wa' of !onstitutin) a *a)e Board for the purpose !ou"d &e si(i"ar"' devised. There was no industria" dispute as su!h whi!h had arisen or was apprehended to arise as &etween the e(p"o'ers and the wor+in) 9ourna"ists in )enera" thou)h it !ou"d have possi&"' arisen as &etween the e(p"o'ers in a parti!u"ar newspaper esta&"ish(ent and its own wor+in) 9ourna"ists. *hat was !onte(p"ated &' the provisions of the i(pu)ned A!t however was a )enera" fi=ation of rates of wa)es of wor+in) 9ourna"ists whi!h wou"d a(e"iorate the 21 Page 21

!onditions of their servi!e and the !onstitution of a *a)e Board for this purpose was one of the esta&"ished (odes of a!hievin) that o&9e!t. If therefore su!h a (a!hiner' was devised for their &enefit there was nothin) o&9e!tiona&"e in it and there was no dis!ri(ination as &etween the wor+in) 9ourna"ists and the other e(p"o'ees of newspaper esta&"ish(ents in that &eha"fK $1B. K .ven !onsiderin) the A!t as a (easure of so!ia" we"fare "e)is"ation the /tate !ou"d on"' (a+e a &e)innin) so(ewhere without e(&ar+in) on si(i"ar "e)is"ations in re"ation to a"" other industries and if that was done in this !ase no !har)e !ou"d &e "eve""ed a)ainst the /tate that it was dis!ri(inatin) a)ainst one industr' as !o(pared with the others. The !"assifi!ation !ou"d we"" &e founded on )eo)raphi!a" &asis or &e a!!ordin) to o&9e!ts or o!!upations or the "i+e. The on"' 6uestion for !onsideration wou"d &e whether there was a ne=us &etween the &asis of !"assifi!ation and the o&9e!t of the A!t sou)ht to &e !ha""en)ed. In our opinion &oth the !onditions of per(issi&"e !"assifi!ation were fu"fi""ed in the present !ase. The !"assifi!ation was &ased on an inte""i)i&"e differentia whi!h distin)uished the wor+in) 9ourna"ists fro( other e(p"o'ees of newspaper esta&"ish(ents and that differentia had a rationa" re"ation to the o&9e!t sou)ht to &e a!hieved vi>. the a(e"ioration of the !onditions of servi!e of wor+in) 9ourna"ists.J

$7) The a&ove position has &een reiterated &' this %ourt in the for( of o&servations in Express Pu( i$ations ("adurai) Ltd. vs. Union of India ($775) 11 /%% 2$B. The re"evant portion of the said 9ud)(ent is e=tra!ted hereunder?
I$1KThe o&servations in the 9ud)(ent were pressed into servi!e in support of the !ontention that freedo( of spee!h and e=pression wou"d &e adverse"' affe!ted &' !ontinuin) the definition of Ie=!"uded e(p"o'eeJ in respe!t of the newspaper industr' whi!h has &een sin)"ed out for harsh treat(ent. As !an &e seen fro( a&ove o&servations have &een (ade in a different !onte=t. In an' !ase the de!ision far fro( supportin) the !ontention of the petitioners in fa!t to an e=tent "ends support to the &enefit that was )iven to the e(p"o'ees of the newspaper industr' in the 'ear 112B as a resu"t of the i(pu)ned provision. It has to &e re(e(&ered that in spreadin) infor(ation the e(p"o'ees of newspaper

22 Page 22

industr' p"a' a do(inant ro"e and !onsiderin) the e(p"o'ees of newspaper industr' as a I!"assJ this &enefit was e=tended a"(ost at the sa(e ti(e when the *or+in) ,ourna"ists A!t was ena!ted. Thus there !an &e no 6uestion of an' adverse effe!t on the freedo( of press. The finan!ia" &urden on the e(p"o'er on fa!ts as herein !annot &e said to &e a Iharsh treat(entJ. The !ontention that now the petitioners are una&"e to &ear the finan!ia" &urden whi!h the' have &een &earin) for the "ast over fort':five 'ears is who""' irre"evant. It is for the petitioners to (ana)e their affairs if the' intend to !ontinue with their a!tivit' as newspaper esta&"ish(ent. LLL LLL LLL

#1. This %ourt noti!ed that the 9ourna"ists are &ut the vo!a" or)ans and the ne!essar' a)en!ies for the e=er!ise of the ri)ht of free spee!h and e=pression and an' "e)is"ation dire!ted towards the a(e"ioration of their !onditions of servi!e (ust ne!essari"' affe!t the newspaper esta&"ish(ents and have its reper!ussions on the freedo( of press. The i(pu)ned A!t !an therefore &e "e)iti(ate"' !hara!terised as a (easure whi!h affe!ts the press and if the intention or the pro=i(ate effe!t and operation of the A!t was su!h as to &rin) it within the (is!hief of Arti!"e 11(1)(a) it wou"d !ertain"' &e "ia&"e to &e stru!+ down. The rea" diffi!u"t' however in the wa' of the petitioners is that whatever &e the (easures ena!ted for the &enefit of the wor+in) 9ourna"ists neither the intention nor the effe!t and operation of the i(pu)ned A!t is to ta+e awa' or a&rid)e the ri)ht of freedo( of spee!h and e=pression en9o'ed &' the petitioners. The 6uestion of vio"ation of ri)ht of freedo( of spee!h and e=pression as )uaranteed under Arti!"e 11(1)(a) in the present !ase on a!!ount of additiona" &urden as a resu"t of the i(pu)ned provision does not arise.

LLL

LLL

LLL

#5. In the "i)ht of the aforesaid prin!ip"es in .=press -ewspaper the %ourt !onsidered whether the A!t i(pu)ned therein vio"ated the funda(enta" ri)ht )uaranteed under Arti!"e 15. It was o&served that in fra(in) the /!he(e various !ir!u(stan!es pe!u"iar to the press had to &e ta+en into !onsideration. These !onsiderations wei)hed with the Press %o((ission in re!o((endin) spe!ia" treat(ent for wor+in) 9ourna"ists in the (atter of a(e"ioration of their !onditions of servi!e. The position as prevai"in) in other !ountries was a"so noti!ed. In a nutshe"" the wor+in) 9ourna"ists were he"d as a )roup &' the(se"ves and !ou"d &e 23 Page 23

!"assified as su!h. If the "e)is"ature e(&ar+ed upon a "e)is"ation for the purpose of a(e"ioratin) their !onditions of servi!e there was nothin) dis!ri(inator' a&out it. The' !ou"d &e sin)"ed out for preferentia" treat(ent. It was opined that !"assifi!ation of this t'pe !ou"d not !o(e within the &an of Arti!"e 15. %onsiderin) the position in re)ard to the a""e)ed dis!ri(ination &etween press industr' e(p"o'ers on one hand and the other industria" e(p"o'ers on the other it was said that even !onsiderin) the A!t as a (easure of so!ia" we"fare "e)is"ation the /tate !ou"d on"' (a+e a &e)innin) so(ewhere without e(&ar+in) on si(i"ar "e)is"ations in re"ation to a"" other industries and if that was done in this !ase no !har)e !ou"d &e "eve""ed a)ainst the /tate that it was dis!ri(inatin) a)ainst one industr' as !o(pared with the others. The !"assifi!ation !ou"d we"" &e founded on )eo)raphi!a" &asis or &e a!!ordin) to o&9e!ts or o!!upations or the "i+e. The on"' 6uestion for !onsideration wou"d &e whether there was a ne=us &etween the &asis of !"assifi!ation and the o&9e!t of the A!t sou)ht to &e a!hieved. Both the !onditions of per(issi&"e !"assifi!ation were fu"fi""ed. The !"assifi!ation was he"d to &e &ased on an inte""i)i&"e differentia whi!h had a rationa" re"ation to the o&9e!t sou)ht to &e a!hieved vi>. the a(e"ioration of the !onditions of servi!e of wor+in) 9ourna"ists. The atta!+ on !onstitutiona"it' of the A!t &ased on Arti!"e 15 was ne)atived. #2. Thou)h !ha""en)e in the aforesaid !ase was to spe!ia" treat(ent to wor+in) 9ourna"ists &ut what is to &e seen is that the press industr' was he"d to &e a !"ass &' itse"f. The definition of Inewspaper e(p"o'eeJ ta+es into its fo"d a"" the e(p"o'ees who are e(p"o'ed to do an' wor+ in or in re"ation to an' newspaper esta&"ish(ent. The de!ision in .=press -ewspaper !ase a(p"' answers the (ain !ontention a&out the press industr' havin) &een sin)"ed out a)ainst the petitioners. This de!ision a"so ho"ds that to provide so!ia" we"fare "e)is"ation and )rant &enefit a &e)innin) had to &e (ade so(ewhere without e(&ar+in) on si(i"ar "e)is"ation in re"ation to other industries. The fa!t that even after a&out ha"f a !entur' si(i"ar &enefit has not &een e=tended to the e(p"o'ees of an' other industr' wi"" not resu"t in inva"idation of &enefit )iven to e(p"o'ees of press industr'. It is not for us to de!ide when if at a"" to e=tend the &enefit to others. In view of the aforesaid we are una&"e to a!!ept the !ontention that the i(pu)ned provision is vio"ative of Arti!"e 15 on the )round that it sin)"es out newspaper industr' &' e=!"udin) in!o(e test on"' in re)ard to the said industr'. #B. Apart fro( the fa!t that it (a' not &e a"wa's possi&"e to )rant to ever'one a"" &enefits in one )o at the sa(e ti(e it see(s that the i(pu)ned provision and the ena!tin) of the 24 Page 24

*or+in) ,ourna"ists A!t was part of a pa!+a)e dea" and that pro&a&"' is the reason for other newspaper esta&"ish(ents not !ha""en)in) it and the petitioners a"so !ha""en)in) it on"' after "apse of so (an' 'ears. <urther /e!tions $(i) 5 and /!hedu"e I of the Provident <und A!t show how )radua""' the s!ope of the A!t has &een e=panded &' the %entra" 8overn(ent and the A!t and /!he(e (ade app"i!a&"e to various &ran!hes of industries. <ro( whatever an)"e we (a' e=a(ine the atta!+ on the !onstitutiona" va"idit' &ased on Arti!"e 15 !annot &e a!!epted.J

C%#--52/5 >,# A)523)52$ A+$* 1="4 $1) The petitioners herein have a"so !ha""en)ed the vires of the A(end(ent A!t 11;5 on the )round that e=tendin) the &enefit of the A!t to e(p"o'ees other than wor+in) 9ourna"ists is a)ainst the o&9e!t that was sou)ht to &e a!hieved &' the ori)ina" A!t sin!e the &enefits to other newspaper e(p"o'ees has no rationa" ne=us &etween the differentia and the o&9e!t sou)ht to &e a!hieved. In this re)ard as a"read' dis!ussed !ha""en)e as to the sin)"in) out of the newspaper industr' per se was re9e!ted &' the %onstitution Ben!h in Express Newspaper (P) Ltd. (supra) and the newspaper industr' was he"d to &e a !"ass &' itse"f. A"" that the 11;5 a(end(ent did was to on"' &rin) the other e(p"o'ees of the newspaper industr' (i.e. non:wor+in) 9ourna"ists) into the a(&it of the A!t and e=tend the &enefits of the A!t to the(. Thus the sa(e is a"so !overed as per the reasonin) of the %onstitution Ben!h

25 Page 25

de!ision of this %ourt. Therefore

the !ha""en)e as to the

A(end(ent A!t 11;5 stands disa""owed. $$) A"thou)h the aspe!t of vio"ation of Arti!"e 15 was

intri!ate"' de!ided &' the %onstitution Ben!h it is the stand of the petitioners herein that whi"e there (a' have &een so(e 9ustifi!ation for dea"in) on"' with newspaper esta&"ish(ents in 1122 however with the revo"ution in infor(ation te!hno"o)' there is no 9ustifi!ation for !onfinin) re)u"ation on"' to print (edia as in the e=istin) s!enario persons en)a)ed in the sa(e avo!ation (9ourna"is() wou"d &e su&9e!t to different restri!tions and wou"d &e unreasona&"' ha(pered in the so!ia" and industria" re"ations with ea!h other. <urther it is su&(itted &' the petitioners that the !"assifi!ation &etween 9ourna"ists in newspaper esta&"ish(ents and others does not &ear an' re"ationship with the o&9e!t. Therefore the !ontinuation of su!h a provision wou"d !reate a disadvanta)ed !"ass i.e. newspaper esta&"ish(ents without there &ein) a rationa" &asis for the sa(e and !onse6uent"' affe!tin) &oth the in!entive and !apa!it' to a!hieve the o&9e!t for whi!h !"assifi!ation is (ade. After the ver' "apse of a "on) period fro( the date of ena!t(ent of the A!t and the !onne!ted !han)e of !ir!u(stan!es durin)

26 Page 26

this period has (ade the "aw dis!ri(inator' as it is now ar&itrari"' !onfined to a se"e!ted )roup out of a "ar)e nu(&er of other persons si(i"ar"' situated. Aen!eforth it is the stand of the petitioners that the )ra& of !onstitutiona"it' that the A!t (a' have possessed ear"ier has worn out and its

!onstitutiona"it' is open to a su!!essfu" !ha""en)e. $#) *hi"e this ar)u(ent (a' &e as appea"in) as it sounds 'et we are not in!"ined to interfere on this point of !ha""en)e in order to (aintain the e6uit' a(on) parties. It is i(portant that this %ourt appre!iates the rea"( of Arti!"e 15 of the %onstitution in the "i)ht of the interest of &oth e(p"o'ers and the e(p"o'ees and not in one:sided (anner. The ar)u(ent of the petitioners that it is vio"ative of Arti!"e 15 is one version of the stor' i.e. e(p"o'ers )rievan!e whereas this %ourt (ust "oo+ into the perspe!tive of e(p"o'ees a"so whi"e deter(inin) the issue at hand. $5) <or the ensuin) two reasons this %ourt is optin) for not to interfere on this a""e)ed )round of !ha""en)e. <irst"' the

petitioners !annot espouse the )rievan!e of those e(p"o'ees wor+in) in the e"e!troni! (edia for non:in!"usion and (ore parti!u"ar"' when those e(p"o'ees are not &efore this %ourt.
27 Page 27

/e!ond"' the fa!t that si(i"ar &enefits are not e=tended to the e(p"o'ees of other si(i"ar industr' wi"" not resu"t in inva"idation of &enefit )iven to the e(p"o'ees of press industr'. Re!a""in) that (edia industr' is sti"" an up!o(in) se!tor un"i+e the press industr' whi!h is as an!ient as our independen!e itse"f the s!ope for potentia" po"i!ies in future !annot &e overru"ed. view of the sa(e this )round of !ha""en)e is re9e!ted. $2) As re)ards the se!ond )round of !ha""en)e i.e. the A!t over the passa)e of ti(e has out"ived its uti"it' and the o&9e!t that was sou)ht to &e a!hieved ori)ina""' has &e!o(e o&so"ete espe!ia""' in view of the fa!t that *a)e Boards for other industries have &een a&o"ished it is our !o)ent opinion that (ere passa)e of ti(e &' itse"f wou"d not resu"t in the inva"idation of the A!t and its o&9e!t. The va"idit' on!e havin) &een uphe"d &' a %onstitution Ben!h of this %ourt in Express Newspapers (P) Ltd. (supra) the sa(e !annot &e now In

!ha""en)ed sa'in) that it has out"ived its o&9e!t and purpose and has &een worn out &' the passa)e of ti(e. The prin!ip"es "aid down in "otor )enera Traders vs. &tate of #ndhra Pradesh (11D5) 1 /%% $$$ and *atan #r%a vs. &tate of Ta!i Nadu (11DB) # /%% #D2 are s6uare"' inapp"i!a&"e as has

28 Page 28

&een he"d in the !onte=t of identi!a" fa!tua" s!enario. $B) *hen this %ourt was !onsiderin) the !ase of a newspaper esta&"ish(ent qua para D$ of the .(p"o'ees4 Provident <unds /!he(e in Express Pu( i$ations ("adurai) Ltd. (supra) the said 9ud)(ent a"so puts the !ha""en)e as to the vires of the A!t "i+e the one (ade &' the petitioners in the present !ase &ut &e'ond pa"e of an' dou&t it !ons!ious"' reiterates the spirit of "aw "aid down in Express Newspaper (P) Ltd. (supra). $;) The petitioners re"ied on the Report of the /e!ond -ationa" %o((ission of La&our to !ontend that the A!t has &e!o(e ar!hai!. In this re)ard it is re"evant to note that the

afore(entioned Report is not re"evant as the 8overn(ent has not a!!epted the said Report insofar as the /tatutor' *a)e Boards are !on!erned. Thus an' o&servation in the said Report as to the non:re6uire(ent of *a)e Boards )enera""' !annot &e the &asis for not !o(p"'in) with the statutor' o&"i)ations under the A!t. Insofar as the $77$ -ationa" %o((ission of La&our Report is !on!erned as stated a&ove the sa(e has not &een a!!epted &' the 8overn(ent of India fun!tionin) of the A!t. in respe!t of the

29 Page 29

$D) In the "i)ht of the aforesaid dis!ussion we are of the opinion that the !ha""en)e as to the vires of the A!t on the pre(ise of it &ein) ultra vires the %onstitution and vio"ative of funda(enta" ri)hts is who""' unfounded &ase"ess and

!o(p"ete"' untena&"e. $1) It is true that newspaper industr' with the advent of e"e!troni! (edia !ontinues to fa!e )reater !ha""en)es si(i"ar to the ones as o&served &' the Press %o((ission as noted in the Express Newspaper Thus (P) Ltd. (supra) enu(erated

hereina&ove.

the !ontention of the petitioners that

thou)h the newspaper industr' (a' &e )rowin) the )rowth of the e"e!troni! (edia is re"ative"' e=ponentia" in fa!t

su&stantiates the ver' ne!essit' of wh' a wa)e &oard for wor+in) 9ourna"ists and other newspaper e(p"o'ees of the newspaper industr' shou"d e=ist. I)701750 C12&$'$,$'12 16 $%5 W#/5 B1#03& #7) As reiterated hitherto the *a)e Boards !onstituted under /e!tions 1 and 1#% of the A!t are re6uired to &e !o(prised of 17 (e(&ers i.e. one %hair(an three independent (e(&ers three representatives for e(p"o'ers and three representatives

30 Page 30

for e(p"o'ees. On &eha"f of the petitioners herein (newspaper (ana)e(ent) it was !ontended that there was a defe!t in the !onstitution of the *a)e Boards as 0r. F.0. /ahani and 0r. Prasanna Fu(ar were not independent (e(&ers thus it fata""' vitiates the !onstitution and pro!eedin)s of the 0a9ithia *a)e Boards. On the other hand it was pointed out &' "earned /o"i!itor 8enera" for the Union of India and the e(p"o'ees that the !onstitution of the *a)e Boards have &een underta+en stri!t"' in a!!ordan!e with the A!t and the IIndependent 0e(&ersJ so re6uired under /e!tions 1(!) and 1#%(!) of the A!t have &een appointed in a!!ordan!e with the "aw. Let us e=a(ine this point of strife &ased on the fa!tua" (atri=. #1) The petitioners4 (ain )round of !ha""en)e to 0r. F.0. /ahni4s independen!e is that sin!e at the re"evant ti(e he was a for(er /e!retar' of 0inistr' of La&our and .(p"o'(ent 8overn(ent of India and durin) his tenure the de!ision to !onstitute the *a)e Board was ta+en and thus he !annot &e e=pe!ted to &e an independent and free fro( &ias. It is seen fro( the (ateria"s p"a!ed on re!ord &' the Union of India that in order to operationa"i>e the Boards /hri F.0. /ahni who had superannuated as /e!retar' to 8overn(ent of India on

31 Page 31

#1.1$.$77B was appointed as 0e(&er:/e!retar' on $5.71.$77; for a period of three 'ears or ti"" the duration of the *a)e Board whi!hever is ear"ier. 0ere"' &e!ause a person was in the e(p"o'(ent of the 8overn(ent he does not !ease to &e!o(e IindependentJ for the purposes of &ein) an independent (e(&er of the %o((ittee to re!o((end the fi=in) of wa)es. #$) /i(i"ar fa!t under"'in) this issue has &een the su&9e!t: (atter of this %ourt in &tate of #ndhra Pradesh vs. Nara%ana Ve ur +eedi "anufa$turin, -a$tor% (11;#) 5 /%% 1;D and it is on"' ne!essar' to set out the su((ar' thereof )iven &' A.-. 8rover ,.?
?1. In our 9ud)(ent the view whi!h has prevai"ed with the (a9orit' of the Ai)h %ourts (ust &e sustained. The !o((ittee or the advisor' &oard !an on"' tender advi!e whi!h is not &indin) on the 8overn(ent whi"e fi=in) the (ini(u( wa)es or revisin) the sa(e as the !ase (a' &e. Of !ourse the 8overn(ent is e=pe!ted parti!u"ar"' in the present de(o!rati! set:up to ta+e that advi!e serious"' into !onsideration and a!t on it &ut it is not &ound to do so. The "an)ua)e of /e!tion 1 does not !ontain an' indi!ation whatsoever that persons in the e(p"o'(ent of the 8overn(ent wou"d &e e=!"uded fro( the !ate)or' of independent persons. Those words have essentia""' &een e(p"o'ed in !ontradistin!tion to representatives of e(p"o'er and e(p"o'ees. In other words apart fro( the representatives of e(p"o'ers and e(p"o'ees there shou"d &e persons who shou"d &e independent of the(. It does not fo""ow that persons in the servi!e or e(p"o' of the 8overn(ent were (eant to &e e=!"uded and the' !annot &e re)arded as independent persons vis:N:vis the representatives of the e(p"o'ers and e(p"o'ees. Apart fro( this the presen!e of hi)h )overn(ent offi!ia"s who (a' have a!tua" wor+in) +now"ed)e a&out the pro&"e(s of e(p"o'ers

32 Page 32

and e(p"o'ees !an afford a )ood dea" of )uidan!e and assistan!e in for(u"atin) the advi!e whi!h is to &e tendered under /e!tion 1 to the appropriate 8overn(ent. It (a' &e that in !ertain !ir!u(stan!es su!h persons who are in the servi!e of the 8overn(ent (a' !ease to have an independent !hara!ter if the 6uestion arises of fi=ation of (ini(u( wa)es in a s!hedu"ed e(p"o'(ent in whi!h the appropriate 8overn(ent is dire!t"' interested. It wou"d therefore depend upon the fa!ts of ea!h parti!u"ar !ase whether the persons who have &een appointed fro( out of the !"ass of independent persons !an &e re)arded as independent or not. But the (ere fa!t that the' happen to &e )overn(ent offi!ia"s or )overn(ent servants wi"" not divest the( of the !hara!ter of independent persons. *e are not i(pressed with the reasonin) adopted that a )overn(ent offi!ia" wi"" have a &ias or that he (a' favour the po"i!' whi!h the appropriate 8overn(ent (a' &e in!"ined to adopt &e!ause when he is a (e(&er of an advisor' !o((ittee or &oard he is e=pe!ted to )ive an i(partia" and independent advi!e and not (ere"' !arr' out what the 8overn(ent (a' &e in!"ined to do. 8overn(ent offi!ia"s are responsi&"e persons and it !annot &e said that the' are not !apa&"e of ta+in) a deta!hed and i(partia" view.J

##) %onse6uent"' (ere"' &e!ause /hri F.0. /ahni was a part of the 8overn(ent that too+ the de!ision to set up the *a)e Boards does not auto(ati!a""' fo""ow that he !eased to &e an IindependentJ (e(&er of the *a)e Boards. *e are satisfied that /hri F.0. /ahni is an independent (e(&er of the Board and !annot &e !onsidered to &e I&iasedJ in an' (anner. #5) The petitioners a"so a""e)e that 0r. P.-. Prasanna Fu(ar as an e=perien!ed 9ourna"ist and havin) &een asso!iated with various 9ourna"isti! institutions in his "on) 9ourna"isti! !areer !annot &e !onsidered to &e an IindependentJ (e(&er and therefore was &iased in favour of the e(p"o'ees. Learned
33 Page 33

/o"i!itor 8enera" has ri)ht"' pointed out that on"' va)ue and )enera" a""e)ations have &een a""e)ed a)ainst hi( and no spe!ifi! a""e)ations that he a!ted in a (anner that was &iased a)ainst the e(p"o'ers has &een "evied &' the petitioners. #2) It is we"":sett"ed that (ere apprehension of &ias is not enou)h and there (ust &e !o)ent eviden!e avai"a&"e on re!ord to !o(e to the !on!"usion. Referen!e (a' &e (ade to

.u!aon "anda Vi/as Ni,a! Ltd. vs. )ir0a &han/ar Pant ($771) 1 /%% 1D$ in the fo""owin) words?
I17. The word I&iasJ in popu"ar .n)"ish par"an!e stands in!"uded within the attri&utes and &roader purview of the word I(a"i!eJ whi!h in !o((on a!!eptation (eans and i(p"ies IspiteJ or Ii"":wi""J (/troud4s ,udi!ia" Ci!tionar' 2th .dn. Vo". #) and it is now we"" sett"ed that (ere )enera" state(ents wi"" not &e suffi!ient for the purposes of indi!ation of i"":wi"". There (ust &e !o)ent eviden!e avai"a&"e on re!ord to !o(e to the !on!"usion as to whether in fa!t there was e=istin) a &ias whi!h resu"ted in the (is!arria)e of 9usti!e.J

#B) This %ourt in &tate of Pun0a( vs. V... .hanna ($771) $ /%% ##7 has he"d as fo""ows?
ID. The test therefore is as to whether there is a (ere apprehension of &ias or there is a rea" dan)er of &ias and it is on this s!ore that the surroundin) !ir!u(stan!es (ust and ou)ht to &e !o""ated and ne!essar' !on!"usion drawn therefro(. In the event however the !on!"usion is otherwise that there is e=istin) a rea" dan)er of &ias ad(inistrative a!tion !annot &e sustained. If on the other hand a""e)ations pertain to rather fan!ifu" apprehension in ad(inistrative a!tion 6uestion of de!"arin) the( to &e unsustaina&"e on the &asis therefor wou"d not arise.J

34 Page 34

#;) The !ontention of the petitioners a""e)in) &ias a)ainst independent (e(&ers of the *a)e Boards &ein) &ased (ere"' on their past status is entire"' &ase"ess in "aw and a(ounts to i(putin) (otives. <urther the petitioners have nowhere

esta&"ished or even averred that the independent (e(&ers are )ui"t' of "e)a" &ias as e=pressed in Perspe$tive Pu( i$ations vs. &tate of "aharashtra (11B1) $ /%R ;;1 that is (a+in) their re!o((endations on the &asis of who""' e=traneous !onsiderations or persona" or pe!uniar' &enefit. #D) On perusa" of the (ateria"s avai"a&"e we are satisfied that the *a)e Boards have fun!tioned in a fu""' &a"an!ed (anner. Besides it is a fa!t that the petitioners had !ha""en)ed the !onstitution of the *a)e Board &efore the Ai)h %ourt of Ce"hi ad(itted"' the Ai)h %ourt had de!"ined to )rant interi( re"ief. The said order de!"inin)Erefusin) to )rant interi( re"ief attained fina"it' as the petitioners did not !hoose to !ha""en)e it &efore this %ourt. Thereafter the petitioners have parti!ipated in the pro!eedin)s and a!6uies!ed the(se"ves with the pro!eedin)s of the Board. In view of the fa!t that the' have parti!ipated in the pro!eedin)s without serious"' havin) !ha""en)ed the !onstitution as we"" as the !o(position the petitioners !annot

35 Page 35

now &e a""owed to !ha""en)e the sa(e at this sta)e. 0ore so it is a"so pertinent to ta+e note of the fa!t that the petitioners herein opted for !ha""en)in) the independen!e on"' of the the

no(inated

independent

(e(&ers

after

re!o((endations &' the *a)e Boards were notified &' the %entra" 8overn(ent. #1) Aen!e the atta!+ of the petitioners on the independen!e of the appointed independent (e(&ers &' sa'in) that the' were not suffi!ient"' neutra" i(partia" or un&iased towards the petitioners herein is in!orre!t in the "i)ht of fa!tua" (atri= and !annot &e raised at this point of ti(e when the' wi""fu""' !on!eded to the pro!eedin)s. %onse6uent"' we are not in!"ined to a!!ept this )round of !ha""en)e. 57) Apart fro( the !ha""en)e to the independen!e of the (e(&ers the petitioners a"so !ontended that two separate *a)e Boards ou)ht to have &een !onstituted instead of a !o((on wa)e &oard. It is re"evant to point out that ever sin!e the 11;5 a(end(ent on"' a !o((on wa)e &oard was &ein) !onstituted. The <inan!ia" 0e(orandu( a!!o(pan'in) the

*or+in) ,ourna"ists (%onditions of /ervi!e) and 0is!e""aneous Provisions (A(end(ent) Bi"" 11;5 spe!ifi!a""' states that Ithe
36 Page 36

intention is to !onstitute *a)e Boards under the said /e!tion 1 and proposed /e!tion 1#% as far as possi&"e at the sa(e ti(e and to have a !o((on %hair(an and a !o((on /e!retariat for &oth the BoardsJ. <urther it is &rou)ht to our noti!e that the Pa"e+ar Tri&una" (11D7) 0anisana *a)e Board Ba!hawat *a)e Board (11D1) and ($777) !onstituted after 11;5

a(end(ent were a"" !o((on BoardsETri&una" for &oth wor+in) 9ourna"ists and non:9ourna"ists. were Thou)h !o((on the the' (e(&ers were not

representin)

e(p"o'ers

in!apa!itated in an' (anner as is &ein) !ontended &' the petitioners. The' were havin) two votes as the' were

representin) the e(p"o'ers in &oth the Boards. 51) In addition the representatives fro( the e(p"o'ers4 side are !o((on in &oth the *a)e Boards as a"" t'pes of newspaper e(p"o'ees either wor+in) 9ourna"ists or non:9ourna"ists found to &e wor+in) under !o((on e(p"o'ers. Aavin) !o((on

representatives of the e(p"o'ers on the two *a)e Boards are e=pe!ted to &e favora&"e to the e(p"o'ers as the' !an (a+e a fair assess(ent of the re6uire(ents of the wor+in) 9ourna"ists and non:9ourna"ist newspaper e(p"o'ees of the newspaper industr' as a who"e. Aowever as the two *a)e Boards have

37 Page 37

separate entities (eant for wor+in) 9ourna"ists and non: 9ourna"ist newspaper e(p"o'ees there !annot &e !o((on

representatives who !an prote!t the interest and represent wor+in) 9ourna"ists as we"" as non:9ourna"ist newspaper wor+in)

e(p"o'ees.

Therefore

(e(&ers

representin)

9ourna"ists were no(inated to the *a)e Board for the wor+in) 9ourna"ists. /i(i"ar"' (e(&ers representin) non:9ourna"ist

newspaper e(p"o'ees were no(inated to the *a)e Boards for non:9ourna"ist ad(inistrative newspaper e(p"o'ees. four As aforesaid for

!onvenien!e

independent

(e(&ers

in!"udin) the %hair(an were !o((on for &oth the *a)e Boards. In our !o)ent view this arran)e(ent in no wa' affe!ts the interest of the e(p"o'ers and the !ha""en)e of the petitioners in this re)ard is unfounded. I005/,-#0'$9 '2 $%5 701+53,05 61--1853 @9 M#<'$%'# W#/5 B1#03& 5$) Learned !ounse" for the petitioners pointed out to a series of fa!tua" aspe!ts to de(onstrate that there e=isted irre)u"arit' in the de!ision (a+in) pro!ess &' the 0a9ithia *a)e Board whi!h was atta!+ed as ultra vires the A!t and !ontrar' to pro!edure adopted &' the prede!essor *a)e Boards.
38 Page 38

In

su!!in!t the stand of the petitioners is that 0a9ithia *a)e Board Report was prepared in a hast' (anner and

su&se6uent"' the re!o((endations have &een a!!epted &' the %entra" 8overn(ent without proper hearin) or affordin) opportunit' to a"" the sta+eho"ders. *hereas the respondent H Union of India !"ear"' !ontended otherwise and su&(itted that the i(pu)ned *a)e Boards throu)hout adopted a fair

pro!edure whi!h stands the test of natura" 9usti!e. Besides it is the stand of the respondents that the representatives of the (ana)e(ent were not !ooperatin) &ut were (ere"' attendin) the *a)e Board pro!eedin)s therefore the %hair(an was not )ettin) ade6uate aid and he"p fro( the representatives of the newspaper owners. 5#) Broad"' the petitioners4 fore(ost !ontention is that the *a)e Boards have not fun!tioned in a!!ordan!e with the "aw inas(u!h as no 6uestionnaire was issued to e"i!it infor(ation to deter(ine the !apa!it' to pa' and that prin!ip"es of natura" 9usti!e were not fo""owed in !ondu!tin) the pro!eedin)s and for arrivin) at the re!o((endations whi!h was the a!!usto(ed pro!edure of previous *a)e Boards. At the outset it is re"evant to point out that under /e!tion 11(1) of the A!t *a)e Board

39 Page 39

has spe!ia" powers to re)u"ate its own pro!edure.

It is not

o&"i)ator' for the *a)e Boards to fo""ow the e=a!t pro!edure of the ear"ier *a)e Boards and as su!h there is no re6uire(ent in "aw to fo""ow a stri!t"' "aid down pro!edure in its fun!tionin). Besides as "on) as it fo""ows the prin!ip"es of natura" 9usti!e and fairness its fun!tionin) !annot &e !a""ed into 6uestion on the )round of irre)u"arit' in the pro!edure. -ow "et us e=a(ine the su&(issions of the petitioners in this "i)ht. 55) It is &rou)ht to our noti!e that detai"ed 6uestionnaire was issued on $5.7;.$77;. The petitioners in their openin)

ar)u(ents !ontended that no 6uestionnaire was issued. Aowever the Union of India p"a!ed vo"u(inous do!u(ents to de(onstrate that a detai"ed 6uestionnaire was in fa!t issued on $5.7;.$77; and that this 6uestionnaire was !o((ented upon and it was !orre!ted a"so and further respondents a"so re!eived rep"ies pursuant to the sa(e. The petitioners in their re9oinder have atte(pted to (a+e a fee&"e ar)u(ent that the said 6uestionnaire was issued &' the se!retariat and not &' the *a)e Boards whi!h is fit to &e re9e!ted. 52) It is a"so &rou)ht to our noti!e that severa" atte(pts were (ade &' the *a)e Boards to )et the re"evant infor(ation fro(
40 Page 40

the e(p"o'ers &ut (an' of the petitioners had not )iven finan!ia" data and a&stained fro( attendin) the Board4s pro!eedin)s. Re!ords produ!ed show that the 6uestionnaire was sent to a"" the su&s!ri&ers "isted in the dire!tor' of newspaper esta&"ish(ents pu&"ished &' I-/ for the 'ear $77D: 71 and the "ist supp"ied &' the PTI for sendin) finan!ia" infor(ation fro( $777:71 to $771:17. Re)u"ar fo""ow up with the e(p"o'ers was (ade and series of "etters were issued to !o""e!t finan!ia" infor(ation. Apart fro( the 6uestionnaire

noti!es invitin) representation as per /e!tion 17(1) of the A!t were pu&"ished in 1$2 newspapers. <urther on 72.7;.$717

su((ons were issued to around one hundred and fort' sta+e ho"ders and the' were )iven fina" !han!e to su&(it the infor(ation within fifteen da's of the su((ons. In addition to this a two pa)e si(p"ified 6uestionnaire was a"so issued on 7$.7#.$717. 5B) %onse6uent"' the a""e)ation that on"' 57 esta&"ish(ents have &een used as para(eters whi!h is under:representative of the industr' is in!orre!t. In fa!t as has &een detai"ed in the Report the data fro( newspaper esta&"ish(ents was not

forth!o(in) (vide pa)es 177:171 of 0a9ithia *a)e Board

41 Page 41

Report). *ith a"" these efforts finan!ia" infor(ation !ou"d &e !o""e!ted fro( on"' si=t':si= esta&"ish(ents and after s!rutin' it was found that finan!ia" infor(ation re!eived fro( on"' fort' esta&"ish(ents was usefu" in deve"opin) an overa"" view of the finan!ia" status of the newspaper industr'. Therefore it was on"' upon (u!h effort and repeated re6uests that the data in respe!t of 57 esta&"ish(ents !ou"d &e !o""e!ted &' the *a)e Board. Besides these 57 esta&"ish(ents are representatives of the different !"ass of newspaper esta&"ish(ents that are !arr'in) on &usiness in the !ountr' and in addition detai"ed su&(issions &' representative )roups su!h as the Indian -ewspaper /o!iet' (I-/) were a"so !onsidered. !ertain"' &e !onstrued that these Thus it !an &odies

representative

presented an overview of the who"e newspaper industr' apart fro( the infor(ation &ein) !o""e!ted fro( the individua" esta&"ish(ents. 5;) <ro( the re!ords we furnish the fo""owin) !hrono"o)' of events?
ILetter dated $D.1$.$77; &' 0r. -aresh !ontainin) I%o((ents on Craft OuestionnaireJ 0ohan

Letters dated 15.71.$77D and 1D.71.$77D re6uestin) for e=tension of ti(e for su&(ission of response to

42 Page 42

6uestionnaire Letter dated 15.7$.$77D e=tendin) ti(e "i(it for su&(ission of response to 6uestionnaire ti"" #7.7B.$77D Response of Aitavada /hra(i+ /an)h $#.7B.$77D to the 6uestionnaire -a)pur dated

Response of the Ti(es of India and A""ied Pu&"i!ations4 .(p"o'ees4 Union to the 6uestionnaire Letters &' various .(p"o'ees4 Union re6uestin) for e=tension of ti(e for su&(ission of response to 6uestionnaire Letter dated 15.11.$77D addressed to a"" the (e(&ers of the *a)e Boards see+in) their views on e=tendin) the "ast date for su&(ission of !o(p"eted 6uestionnaire up to $D.7$.$771 Letter dated 75.1$.$77D &' 0r. -aresh 0ohan e=pressin) no o&9e!tion for e=tendin) the "ast date for su&(ission of !o(p"eted 6uestionnaire up to $D.7$.$771 Letters dated 1;.1$.$77D 1D.1$.$77D 11.1$.$77D addressed to the (e(&ers of the *a)e Board sta+eho"ders infor(in) e=tension of "ast date for su&(ission of !o(p"eted 6uestionnaire up to $D.7$.$771 Letters dated 11.7#.$771 7D.7B.$771 71.7B.$771 addressed to the (e(&ers of the *a)e Board sta+eho"ders infor(in) e=tension of "ast date for su&(ission of !o(p"eted 6uestionnaire up to #7.7B.$771 Letter dated 7#.7;.$771 addressed to the *a)e Board (e(&ers to prevai" upon their !onstituents to su&(it their response to the 6uestionnaire Response of Lo+(at /hra(i+ /an)hatana -a)pur dated 75.7$.$771 to the 6uestionnaire Response of the Tri&une .(p"o'ees Union %handi)arh dated $2.7;.$771 to the 6uestionnaire Response of -ationa" Union of ,ourna"ists (India) dated #1.7D.$771 to the 6uestionnaire Letter dated 71.71.$771 &' %hair(an *a)e Boards re6uestin) the (e(&ers of the *a)e Boards to prevai" upon their !onstituents to su&(it their response to the 6uestionnaire

43 Page 43

Response of the Press Trust of India Ltd. dated $1.71.$771 to the su&(issions dated #7.7B.$771 (ade &' <ederation of PTI .(p"o'ees4 Union and to the 6uestionnaire Letter dated 1$.72.$717 forwardin) !opies of responses to the 6uestionnaire re!eived &' the *a)e Boards to a"" the (e(&ers. The noti!e dated 1B.11.$77; issued under /e!tions 17(1) and 1#C of the A!t was pu&"ished in 1$2 newspapers %onsiderin) the re6uests and representations re!eived fro( various sta+eho"ders the ti(e period for (a+in) representation in ter(s of /e!tions 17(1) and 1#C of the A!t was e=tended ti"" #7.7B.$77D The ti(e period for (a+in) representation in ter(s of /e!tions 17(1) and 1#C of the A!t was further e=tended ti"" #1.17.$77D The ti(e period for (a+in) representation in ter(s of /e!tions 17(1) and 1#C of the A!t e=tended ti"" $D.7$.$771 The ti(e period for (a+in) representation in ter(s of /e!tions 17(1) and 1#C of the A!t was e=tended ti"" #7.7B.$771 The ti(e period for (a+in) representation in ter(s of /e!tions 17(1) and 1#C of the A!t was e=tended ti"" 7B.7D.$771 -oti!e dated 71.7;.$717 was )iven to a"" the sta+eho"ders for fina" hearin) &efore the *a)e Boards on $B.7;.$717 to 71.7D.$717J

5D) In addition to the aforesaid !hrono"o)' of events a perusa" of %hapter # of the 0a9ithia *a)e Board re!o((endations wi"" !"ear"' indi!ate that the pro!edure adopted &' the *a)e Boards did in fa!t )ive a(p"e opportunities to the sta+eho"ders to )ive representations and finan!ia" data et!. so that the sa(e (a'

44 Page 44

&e

!onsidered

&'

the

*a)e

Boards

for

(a+in)

their

re!o((endations.

Aowever

(an' of the petitioners have

never &othered to attend the pro!eedin)s of the *a)e Board and su&(itted finan!ia" data. 51) The detai"s of the (eetin)s and ora" hearin)s !ondu!ted &' the *a)e Boards (!u""ed out fro( the *a)e Board pro!eedin)s) are as fo""ows?
I#7.7B.$77; 7$:75.7D.$77; 1B.11.$77; <irst (eetin) of the wa)e &oards was he"d. /e!ond (eetin) of the wa)e &oards was he"d. -oti!e under /e!tions 17(1) and 1#C of the A!t was issued to a"" newspaper esta&"ish(ents wor+in) 9ourna"ists non:9ourna"ists newspaper and news a)en!' e(p"o'ees to (a+e representation in writin) within ei)ht wee+s fro( the date of noti!e statin) the rates of wa)es whi!h in the opinion of the !apa!it' of the e(p"o'er to pa' the sa(e or to an' other !ir!u(stan!e whi!hever (a' see( re"evant to the(. 8overn(ent (ade a referen!e to *a)e Board for fi=in) interi( rate of wa)es in ter(s of /e!tion 1#A of the 1122 A!t. & Third (eetin) of the *a)e Boards he"d to dis!uss interi( rates of wa)es <ourth (eetin) of the *a)e Boards was he"d to !onsider the issue of interi( rates of wa)es to the e(p"o'ees of the newspaper industr' and )ave its re!o((endation fi=in) the interi( rate of wa)es P#7Q of the &asi! pa' w.e.f. 7D.71.$77D %a&inet approved the proposa" to )rant interi( rates of wa)es at the rate of #7Q of the &asi! wa)e to newspaper e(p"o'ees w.e.f. D th ,anuar'

7D.71.$77D

1$ 1#.7B.$77D $D.7B.$77D

7#.17.$77D

45 Page 45

$77D. $5.17.$77D /.O. $2$5(.) and /.O. $2$2(.) notifi!ation on interi( rates of wa)es pu&"ished in the 8a>ette of India e=traordinar'. <ifth (eetin) of *a)e Boards /i=th (eetin) of *a)e Boards /eventh (eetin) of *a)e Boards Ora" hearin)s B:17.17.$771 H Ora" hearin) in ,a((u & Fash(ir $B:$;.17.$771 H Ora" hearin) at %handi)arh D:1.11.$771 H Ora" hearin) at Patna 15.11.$771 .i)hth (eetin) of *a)e Boards Ora" hearin)s 11:1$.11.$771 H Ora" hearin) at Lu!+now $#:$5.11.$771 H Ora" hearin) at Ah(eda&ad D:1.1$.$771 H Ora" hearin) at A'dera&ad 11:1#.1$.$771 H Ora" hearin) at %hennai 1D.1$.$771 -inth (eetin) of *a)e Boards Ora" hearin)s $1:#7.1$.$771 H Ora" hearin) at Ban)a"ore $#.7$.$717 7$.7#.$717 Tenth (eetin) of *a)e Boards In view of the fa!t that ver' few responses were re!eived to the detai"ed 6uestionnaire !ir!u"ated &' the *a)e Board it was de!ided that a si(p"ified 6uestionnaire re6uirin) infor(ation a&out annua" turnover !ost et!. wi"" &e !ir!u"ated to various newspaper esta&"ish(ents re)istered with PTI and I-/. A!!ordin)"' the si(p"ified 6uestionnaire was sent to various news esta&"ish(ents. Ora" hearin)s

2:B.72.$771 #1.7;.$771 7;.71.$771

46 Page 46

1#:15.7#.$717 H Ora" hearin) at ,aipur $;:$D.7#.$717 H Ora" hearin) at Bhopa" D:17.75.$717 H Ora" hearin) at 0u(&ai and Pune $;:$D.75.$717 H Ora" hearin) at Bhu&aneshwar 7;.72.$717 #7.7B.$717 ."eventh (eetin) of *a)e Boards Twe"fth (eetin) of *a)e Boards Ora" hearin)s 1$:1#.7;.$717 H Ora" hearin) at Fo"+ata $7:$1.7;.$717 H Ora" hearin) at 8uwahati $B.7;.$717 to 71.7D.$717 H Ora" hearin) at Ce"hi 1;:11.7D.$717 H Ora" hearin) at Ce"hi 7B.71.$717 H Ora" hearin) at Ce"hi 72.7;.$717 /u((ons dated 72.7;.$717 issued under /e!tion 11(#)(&) and /e!tion 11(D) of the Industria" Cisputes A!t 115; read with /e!tion # of the 1122 A!t. Thirteenth (eetin) of *a)e Boards <ourteenth (eetin) of *a)e Boards Craft report was !ir!u"ated to a"" the (e(&ers of the *a)e Board for their !o((ents and views 0eetin) of the *a)e Board to dis!uss the draft report -otes of dissent were su&(itted &' 1. /hri F.0. /ahni $. /hri -.F. Tri+ha /hri Vi+ra( Rao /hri /uresh A+houri (Representatives of wor+in) 9ourna"ists) #. /hri U(a /han+ar 0ishra /hri 0./. Gadav /hri 0.%. -arasi(han (Representatives of non:9ourna"ists) 5. /hri Prasanna Fu(ar

$1.71.$717 $$.71.$717 7;.1$.$717 $7:$5.1$.$717 #7.1$.$717

47 Page 47

#1.1$.$717

<ina" Report su&(itted to 8overn(ent.J

27) The petitioners4 (ain )round of !ha""en)e vis:N:vis the pro!edure adopted &' the i(pu)ned *a)e Boards is that the' were not )iven reasona&"e ti(e to ref"e!t on the issues. Aowever we have !arefu""' e=a(ined a"" the pro!eedin)s of the *a)e Boards and we are satisfied that the *a)e Boards !ondu!ted a series of (eetin)s and )ave a(p"e opportunities to the e(p"o'ers. The e(p"o'ers were )iven opportunit' of

&oth written and ora" representations to (a+e their point of view +nown to the Board and !onse6uent"' the de!ision (a+in) pro!ess stands va"id. In this respe!t we are of the view that the petitioners !annot &e a""owed to ta+e advanta)e of their own wron) and i(pu)n the re!o((endations of the *a)e Boards as not &ein) &ased on their data when the' e"uded to su&(it the said data in the first p"a!e. 21) In respe!t of the petitioners4 ar)u(ent that the

3%"assifi!ation4 of newspaper esta&"ish(ents and newspaper a)en!ies adopted &' the *a)e Boards is ar&itrar' and not supported &' the (a9orit' it is &rou)ht to our noti!e that a perusa" of the reso"ution adopted on $1.1$.$717 shows that

48 Page 48

representatives of e(p"o'ees a)reed for 11 !"assifi!ations and representatives of e(p"o'ers opposed the said pattern of !"assifi!ation. Later the !"assifi!ation of the newspaper

esta&"ish(ents was (ade into ei)ht !"asses on the &asis of 8ross Turnover?

%"ass I II III IV V VI VII VIII

8ross Revenue Rs. 1777 !rore and a&ove Rs. 277 !rore and a&ove &ut "ess than Rs. 1777 !rore Rs. 177 !rore and a&ove &ut "ess than Rs. 277 !rore Rs. 27 !rore and a&ove &ut "ess than Rs. 177 !rore Rs. 17 !rore and a&ove &ut "ess than Rs. 27 !rore Rs. 2 !rore and a&ove &ut "ess than Rs. 17 !rore Rs. 1 !rore and a&ove &ut "ess than Rs. 2 !rore Less than Rs. 1 !rore

Therefore if at a"" an'&od' is a))rieved &' the re!o((endation of the *a)e Board to adopt ei)ht !"assifi!ations e(p"o'ees and not the e(p"o'ers. it is the

<urther no pre9udi!e is

!aused to the e(p"o'ers and the' !annot (a+e this as a )round to !ha""en)e the report.

49 Page 49

2$) The petitioners a"so !ontended &' re"'in) upon two reso"utions passed &' the *a)e Board that the *a)e Board was not a""owed to fun!tion independent"' and was treated with !onte(pt &' the /e!retariat of the *a)e Board and the offi!ia"s of the *a)e Board. One of the reso"utions re"ied upon &' the petitioners dea"t with an issue pertainin) to raisin) of e=or&itant trave" &i"". It is &rou)ht to our noti!e that it was in this !onte=t that the %hair(an and 0e(&ers of the *a)e Board e=pressed their !on!ern that issues pertainin) to the *a)e Board shou"d not &e dire!t"' dea"t with &' the 0inistr' and it has to &e referred to the 0inistr' &' the /e!retariat after o&tainin) the per(ission of the %hair(an. The other reso"utionE(inutes

re!ord the pro!eedin)s of the (eetin) with the 0inister for La&our and .(p"o'(ent. These two reso"utions !annot &e

re"ied upon to !ontend that the Board was not a""owed to fun!tion independent"' and was treated with !onte(pt. These two reso"utions have no &earin) on the u"ti(ate

re!o((endations (ade &' the Board and thus !annot &e re"ied upon &' the petitioners to i(pu)n the re!o((endations the(se"ves. 2#) -u(erous su!h in!identa" !ontentions vis:N:vis pro!edure

50 Page 50

adopted &' the *a)e Boards were a""e)ed whi!h

in our

!onsidered view is not of su!h )rave nature that it !a""s for withdrawin) the re!o((endations of *a)e Boards. In this "i)ht after havin) e=haustive"' )one throu)h the re!ord of

pro!eedin)s and various written !o((uni!ations we are fu""' satisfied that the *a)e Boards pro!eedin)s had &een

!ondu!ted and !arried out in a "e)iti(ate approa!h and no de!ision of the *a)e Board is per!eived to havin) &een ta+en uni"atera""' or ar&itrari"'. Rather a"" de!isions were rea!hed in a !oherent (anner in the presen!e of a"" the *a)e Board (e(&ers after havin) pro!essed various statisti!s and we find no irre)u"arit' in the pro!edure adopted &' the i(pu)ned *a)e Boards. M#<'$%'# W#/5 B1#03& 1(50-11.53 $%5 05-5(#2$ #&75+$& #23 +12&'35053 5A$0#251,& 6#+$10& 8%'-5 30#6$'2/ $%5 05+1))523#$'12& 25) It is the view of the petitioners that the re!o((endation of ,usti!e 0a9ithia *a)e Boards is defe!tive and fau"t' and deserves to &e re9e!ted at the outset as it over"oo+ed the re"evant aspe!ts and !onsidered e=traneous fa!tors whi"e draftin) the i(pu)ned report. The first )round on whi!h the
51 Page 51

report is a""e)ed to &e defe!tive is that the (e(&ers of the *a)e Board fai"ed to !onsider the !ru!ia" e"e(ent of !apa!it' to pa' of the individua" newspaper esta&"ish(ents as it wron)"' pre(ised its ana"'sis of the !apa!it' to pa' of 3)ross revenue4 whi"e approvin) the i(pu)ned report. 22) In Express Newspaper (P) Ltd $ase (&upra) this %ourt he"d that the !apa!it' of the newspaper industr' to pa' is one of the essentia" !ir!u(stan!es to &e ta+en into !onsideration whi"e fi=in) rates of wa)es under the A!t. In that !ase the de!ision of the *a)e Board was set aside on the )round that it fai"ed to !onsider the !apa!it' of the industr' to pa' the revised rates of wa)es. %onse6uent"' /e!tion 17($) of the A!t was inserted whi!h )ives the statutor' re!o)nition to the

re6uire(ent of ta+in) into !onsideration the !apa!it' of the e(p"o'er to pa'. 2B) %hapter RIV tit"ed %apa!it' to pa' of the -ewspaper

industr' (A <inan!ia" Assess(ent) of the ,usti!e 0a9ithia Report e"a&orate"' dis!usses on the aspe!t of !apa!it' to pa'. Aowever it is the stand of the petitioners that a"thou)h the Report purported"' e=a(ines the !apa!it' to pa' su!h

eva"uation is dire!t"' !ontrar' to the prin!ip"es and a!!epted

52 Page 52

(ateria" fa!tors whi!h the Report itse"f identifies as )overnin) a "e)a""' sound !onsideration of the !apa!it' to pa'. The re"evant portion of the report in pa)es 171 to 17$ is as under?:
IThe )ross revenue of newspaper esta&"ish(ents !o(prises revenue throu)h advertise(ents !ir!u"ation and other sour!es re"atin) to newspaper a!tivities and (is!e""aneous in!o(e a!!rued fro( invest(ents interests rent et!. The )ross revenue !an &e ta+en as one of the indi!ators to 9ud)e the hea"th of the newspaper esta&"ish(ents. /tri!t"' spea+in) severa" dis!ounted fa!tors are re6uired to &e ta+en in to !onsideration fro( the )ross revenues to (a+e a!tua" assess(ents of the !apa!it' of the newspaper esta&"ish(ents. But in a&sen!e of su!h para(eters it was de!ided to re"' &road"' on )ross revenue.J

2;) The petitioners (a9or point of re"ian!e is surfa!ed on the o&servation in the report whi!h a!+now"ed)es that there are other fa!tors a"on) with )ross revenue whi!h need to &e !onsidered for deter(inin) the !apa!it' to pa' of the esta&"ish(ents whi!h the report did not u"ti(ate"' !onsider thus it wi"" &e appropriate to re9e!t the report. 2D) On the other hand it is the stand of the Union of India that in the a&sen!e of avai"a&i"it' of su!h para(eters for the assess(ent of it !apa!it' is to pa' of the newspaper to

esta&"ish(ents

9udi!ia""'

a!!epted

(ethodo"o)'

deter(ine the sa(e on the &asis of )ross revenue and re"ied on the o&servations in Indian Express Newspapers (Pvt.) Ltd. (supra)?:
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I1BKIn view of the a(ended definition of the Inewspaper esta&"ish(entJ under /e!tion $( d) whi!h !a(e into operation retrospe!tive"' fro( the in!eption of the A!t and the .=p"anation added to /e!tion 17(5) and in view further of the fa!t that in !"u&&in) the units of the esta&"ish(ent to)ether the Board !annot &e said to have a!ted !ontrar' to the "aw "aid down &' this %ourt in Express Newspapers case the !"assifi!ation of the newspaper esta&"ish(ents on a"":India &asis for the purpose of fi=ation of wa)es is not &ad in "aw. Aen!e it is not vio"ative of the petitioners4 ri)hts under Arti!"es 11(1)( a) and 11(1)( g) of the %onstitution. <inan!ia" !apa!it' of an a"":India newspaper esta&"ish(ent has to &e !onsidered on the &asis of the )ross revenue and the finan!ia" !apa!it' of a"" the units ta+en to)ether. Aen!e it !annot &e said that the petitioner:!o(panies as a"":India newspaper esta&"ish(ents are not via&"e whatever the finan!ia" in!apa!it' of their individua" units. After a(end(ent of /e!tion $(d) retrospe!tive"' read with the addition of the .=p"anation to /e!tion 17(5) the o"d provisions !an no "on)er &e pressed into servi!e to !ontend a)ainst the )roupin) of the units of the a"":India esta&"ish(ents into one !"ass.J

21) After perusin) the re"evant do!u(ents we are satisfied that !o(prehensive and detai"ed stud' has &een !arried out &' the *a)e Board &' !o""e!tin) a"" the re"evant (ateria" infor(ation for the purpose of the *a)e Revision. The re!o((endations are arrived at after wei)hin) the pros and cons of various (ethods in the pro!ess and prin!ip"es of the *a)e Revision in the (odern era. It !annot &e he"d that the wa)e stru!ture re!o((ended &' the 0a9ithia *a)e Board is unreasona&"e. B7) The other issue in re)ard to whi!h there was e"a&orate su&(ission is the issue pertainin) to re!o((endations of the

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*a)e Board in re)ard to news a)en!ies. It is the stand of the petitioners that even thou)h this %ourt had e=press"' he"d that news a)en!ies in!"udin) PTI stood on a separate footin) fro( newspapers inter alia &e!ause the' did not have an'

advertise(ent revenue and hen!e the wa)es wi"" have to &e fi=ed separate"' and independent"' for the news a)en!ies the i(pu)ned *a)e Boards fai"ed to ta+e note of the said re"evant aspe!t. B1) Learned !ounse" for the respondent !ontended &' statin) that !apa!it' to pa' of news a)en!ies was deter(ined on the &asis of the !apa!it' to earn of the news a)en!ies in ever' *a)e Board. It was further su&(itted that the &urden of revised wa)es was (et &' the news a)en!ies on ever' o!!asion &' revisin) the su&s!ription rate. There&' su&(ittin) that the re!o((endation vis:N:vis the news a)en!ies was a reasoned one.

B$) This %ourt has a "i(ited 9urisdi!tion to "oo+ into this aspe!t. The interferen!e is a""owed to a "i(ited e=tent to e=a(ine the 6uestion as to whether the *a)e Board has !onsidered the

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!apa!it' to pa' of the -ews A)en!ies. It wou"d &e inapposite for this %ourt to 6uestion the de!ision of the spe!ia"i>ed &oard on (erits espe!ia""' when the Board was !onstituted for this so"e purpose. B#) The se!ond point of !ontention of petitioners is of introdu!in) new !on!epts su!h as 3varia&"e pa'4 in an ar&itrar' (anner. Re)ardin) varia&"e pa' re!o((ended &' the 0a9ithia *a)e Board "earned !ounse" for the petitioners su&(itted that there is no &asis for providin) pa'(ent of varia&"e pa' and e6ua""' there is no &asis for providin) varia&"e pa' as a per!enta)e of &asi! pa' whi!h (a+es the pa'(ent of varia&"e pa' open:ended. A!!ordin) to the( the re!o((endation in

this re)ard is tota""' unreasona&"e irrationa" and p"a!es an e=tra and unne!essar' &urden on the newspaper

esta&"ish(ents. %onse6uent"' it was asserted that there is !o(p"ete non:app"i!ation of (ind to insert the so:!a""ed varia&"e pa' !on!ept (si(i"ar to 8rade Pa' of /i=th Pa' %o((ission) in the 0a9ithia *a)e Board4s re!o((endation even thou)h the &asi! !onditions o&9e!tives and ano(a"ies are a&sent. B5) Aowever the stand of the respondents is that there is
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)radation of varia&"e pa' and a""owan!es a!!ordin) to the si>e of the esta&"ish(ents wherein s(a""er esta&"ish(ents are re6uired to pa' at a "ower rate !o(pared to "ar)er

esta&"ish(ents.

It (a' &e pointed out that in the 0anisana

*a)e Board whi!h is the prede!essor to the 0a9ithia Board did re!o((end a si(i"ar dispensation thou)h it did not spe!ifi!a""' !a"" it varia&"e pa'. 0anisana *a)e Board re!o((ended a

!ertain per!enta)e of &asi! pa' for the newspaper e(p"o'ees whi!h is si(i"ar to varia&"e pa' in the 0a9ithia *a)e Board re!o((endations. *hi"e su!h dispensation was in!"uded in the &asi! pa' in the 0anisana *a)e Board instead of &ein) shown separate"' the 0a9ithia *a)e Board !ate)ori>ed I&asi! pa'J and Ivaria&"e pa'J separate"'. A!!ordin)"' the !on!ept of

Ivaria&"e pa'J is not new"' introdu!ed thou)h the ter(ino"o)' (a' have differed in 0anisana and 0a9ithia *a)e Boards. The *a)e Boards have fo""owed we"":sett"ed nor(s whi"e (a+in) re!o((endations a&out varia&"e pa'. <urther the e=p"anation to /e!tion $(eee) whi!h defines Iwa)esJ spe!ifi!a""' in!"udes within the ter( Iwa)esJ Inew a""owan!esJ if an' of an'

des!ription fi=ed fro( ti(e to ti(e. Therefore the *a)e Board was we"" within its 9urisdi!tion to re!o((end pa'(ent of

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3varia&"e pa'4. B2) There was a"so a su&(ission on &eha"f of the petitioners that 0a9ithia *a)e Board has si(p"' !opied the

re!o((endations of the /i=th %entra" Pa' %o((ission whi!h is not !orre!t. *e have !arefu""' s!rutini>ed a"" the detai"s. It is !"ear that the re!o((endations of the /i=th %entra" Pa' %o((ission have not &een &"ind"' i(portedEre"ied upon &' the 0a9ithia *a)e Board. The !on!ept of 3varia&"e pa'4 !ontained in the re!o((endations of the /i=th %entra" Pa' %o((ission has &een in!orporated into the *a)e Board re!o((endations on"' to ensure that the wa)es of the newspaper e(p"o'ees are at par with those e(p"o'ees wor+in) in other 8overn(ent se!tors. /u!h in!orporation was (ade &' the 0a9ithia *a)e

Board after !arefu" !onsideration in order to ensure e6uita&"e treat(ent to e(p"o'ees of newspaper esta&"ish(ents and it was we"" within its ri)hts to do so. BB) It is further seen that the *a)e Board has re!o((ended )rant of 177Q neutra"i>ation of dearness a""owan!e. <ifth Pa' %o((ission )ranted the sa(e in 111B. /in!e then pu&"i!

se!tor underta+in)s &an+s and even the private se!tor are a"" )rantin) 177Q neutra"i>ation of dearness a""owan!e.
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The

referen!e to de!isions prior to 1112 is irre"evant. B;) Last"' the !ontention of the petitioners that the *a)e Boards have not ta+en into a!!ount re)iona" variations in su&(ittin) their re!o((endations is a"so not !orre!t. It is !"ear fro( the report that the *a)e Boards have !ate)ori>ed the ARA and Transport A""owan!e into R G and S !ate)or' re)ions whi!h ref"e!ts that the !ost on a!!o((odation and transport in different re)ions in the !ountr' was !onsidered. <urther(ore there is )radation of varia&"e pa' and a""owan!es a!!ordin) to the si>e of the esta&"ish(ents wherein s(a""er esta&"ish(ents are re6uired to pa' those at a "ower rate !o(pared to "ar)er esta&"ish(ents. Aen!e we are satisfied that the *a)e Boards fo""owed !ertain we"" "aid down prin!ip"es and nor(s whi"e (a+in) re!o((endations. BD) It is true that the *a)e Boards have (ade so(e )enera" su))estions for effe!tive i(p"e(entation of *a)e Awards whi!h is )iven separate"' in %hapter $1 of the Report of the 0a9ithia *a)e Boards of *or+in) ,ourna"ists and -on:,ourna"ists

-ewspaper and -ews A)en!' .(p"o'ees. It is &rou)ht to our noti!e that the 8overn(ent has not a!!epted a"" these su))estions in!"udin) those pertainin) to retire(ent a)e
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pension paternit' "eave et!. as these are &e'ond the (ain o&9e!tive for whi!h the *a)e Boards were !onstituted.

Re)ardin) fi=ation of pa' assured !areer deve"op(ent there have &een proposa"s in the re!o((endations whi!h are in the (anner of providin) hi)her pa' s!a"e after !o(p"etion of !ertain nu(&er of 'ears whi!h !annot &e treated as ti(e &ound pro(otion. /i(i"ar"' the esta&"ish(ents have a"so &een

!ate)ori>ed on the &asis of their turnover thus ta+in) into !onsideration the !apa!it' of various esta&"ish(ents to pa'. B1) It is usefu" to refer /e!tion 1$ of the A!t whi!h dea"s with the powers of %entra" 8overn(ent to enfor!e re!o((endations of the *a)e Board. It reads as under?
I1$ : Powers of %entra" 8overn(ent to enfor!e re!o((endations of the *a)e Board (1) As soon as (a' &e after the re!eipt of the re!o((endations of the Board the %entra" 8overn(ent sha"" (a+e an order in ter(s of the re!o((endations or su&9e!t to su!h (odifi!ations if an' as it thin+s fit &ein) (odifi!ations whi!h in the opinion of the %entra" 8overn(ent do not effe!t i(portant a"terations in the !hara!ter of the re!o((endations. ($) -otwithstandin) an'thin) !ontained in su&:se!tion (1) the %entra" 8overn(ent (a' if it thin+s fit :: (a) (a+e su!h (odifi!ations in the re!o((endations not &ein) (odifi!ations of the nature referred to in su&: se!tion (1) as it thin+s fit? Provided that &efore (a+in) an' su!h (odifi!ations the %entra" 8overn(ent sha"" !ause noti!e to &e )iven to a"" persons "i+e"' to &e affe!ted there&' in su!h (anner as (a' &e pres!ri&ed and sha"" ta+e into a!!ount an'
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representations whi!h the' (a' (a+e in this &eha"f in writin)@ or (&) refer the re!o((endations or an' part thereof to the Board in whi!h !ase the %entra" 8overn(ent sha"" !onsider its further re!o((endations and (a+e an order either in ter(s of the re!o((endations or with su!h (odifi!ations of the nature referred to in su&:se!tion (1) as it thin+s fit. (#) .ver' order (ade &' the %entra" 8overn(ent under this se!tion sha"" &e pu&"ished in the Offi!ia" 8a>ette to)ether with the re!o((endations of the Board re"atin) to the order and the order sha"" !o(e into operation on the date of pu&"i!ation or on su!h date whether prospe!tive"' or retrospe!tive"' as (a' &e spe!ified in the order.J

;7)

Thus it is the prero)ative of the %entra" 8overn(ent to

a!!ept or re9e!t the re!o((endations of the *a)e Boards. There is no s!ope for hearin) the parties on!e a)ain &' the %entra" 8overn(ent whi"e a!!eptin) or (odif'in) the

re!o((endations e=!ept that the (odifi!ations are of su!h nature whi!h a"ter the !hara!ter of the re!o((endations and su!h (odifi!ation is "i+e"' to affe!t the parties. The (ere fa!t that in the present !ase the 8overn(ent has not a!!epted a few re!o((endations wi"" not auto(ati!a""' affe!t the va"idit' of the entire report. <urther the 8overn(ent has not a!!epted a"" those su))estions in!"udin) those pertainin) to retire(ent a)e et!. as these are &e'ond the (andate for whi!h the *a)e Boards were !onstituted. !areer deve"op(ent Re)ardin) fi=ation of pa' assured have &een proposa"s in
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there

the

re!o((endations whi!h are in the (anner of providin) hi)her pa' s!a"e after !o(p"etion of !ertain nu(&er of 'ears whi!h !annot &e treated as ti(e &ound pro(otion. ;1) A!!ordin)"' we ho"d that the re!o((endations of the *a)e Boards are va"id in "aw &ased on )enuine and a!!epta&"e !onsiderations and there is no va"id )round for interferen!e under Arti!"e #$ of the %onstitution of India. ;$) %onse6uent"' a"" the writ petitions are dis(issed with no order as to !osts. ;#) In view of our !on!"usion and dis(issa" of a"" the writ petitions the wa)es as revisedEdeter(ined sha"" &e pa'a&"e fro( 11.11.$711 when the 8overn(ent of India notified the re!o((endations of the 0a9ithia *a)e Boards. A"" the arrears up to 0ar!h $715 sha"" &e paid to a"" e"i)i&"e persons in four e6ua" insta"(ents within a period of one 'ear fro( toda' and !ontinue to pa' the revised wa)es fro( Apri" $715 onwards. ;5) In view of the disposa" of the writ petitions the !onte(pt petition is !"osed. KKK.KKKKKKKKKK%,I. (P. SATHASIVAM)

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..KK.KKKKKKKKKKK,. (RANJAN GOGOI) KKK.KKKKKKKKKKK,. (SHIVA :IRTI SINGH) -.* C.LAI@ <.BRUARG 7; $715.

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