Punjab-Haryana High Court
Jagran Parkashan Ltd vs State Of Punjab And Others on 25 March, 2019
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No. 16275 of 2018 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP No. 16275 of 2018
Date of Decision: 25.03.2019
Jagran Parkashan Limited
...Petitioner
Vs.
State of Punjab and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Sanjay Kaushal, Senior Advocate with
Mr. Aman Dhir, Advocate
for the petitioners.
Mr. Sandeep Vermani, Addl. AG Punjab. With
Ms. Jasleen Sidhu, AAG Punjab.
Mr. J.S. Ghuman, Advocate for respondent No.4.
Mr. Sharvan Sehgal, Advocate
for respondent No.4 in CWP No. 24628 of 2018.
RAJIV NARAIN RAINA, J. (Oral)
1. This order disposes of the above mentioned writ petition as well as other 64 connected cases, details of which are mentioned at the foot of the order.
2. The petitioner has approached this Court in challenge to the order dated 13.12.2016 passed by the Assistant Labour Commissioner (ALC) referring two disputes between the petitioning-Jagran Parkashan Limited and its non-journalists and other employees exercising power under Section 17(2) of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 2 1955 (in short the 'Act'). The disputes as to money due from the employer arise in the context of the benefits available and claimed under the Majithia Wage Board Award. Indisputably, the disputes fall under Section 17 (2) and not Section 17(1) of the Act.
3. The legal provision conferring jurisdiction on the Assistant Labour Commissioner to make an order of reference to the labour court is cited in the beginning of the impugned order dated 13.12.2016, which is the notification dated 30.06.2016 issued by the Principal Secretary to Government of Punjab, Department of Labour on behalf of the State Government. This notification, as per the impugned order, authorizes ALCs to exercise powers under Section 17(2) while the notification is admittedly restricted to Section 17(1) and does not mention Section 17(2) of the Act.
4. Learned senior counsel Mr. Kaushal for the Newspaper submits that the order is patently without jurisdiction as the Assistant Labour Commissioner, Jalandhar does not possess jurisdiction to pass an order under Section 17 (2) of the Act. He refers to the source of power, which is the order/notification dated 30.06.2016 delegating authority in pursuance to the provisions of Sub-section (1) of Section 17 of the Act conferring authority on Assistant Labour Commissioners in 12 districts of the State of Punjab to act as competent authorities for the purpose of referring disputes for determination by the Courts and Tribunals set up under the Industrial Disputes Act, 1947. The senior 2 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 3 counsel further contends that Section 17 of the Act consists of three Sub-sections and power has been delegated only for purposes of Sub- section (1) and not to Sub-Section (2) of Section 17 by the notification, which is the provision of law under consideration in this group of cases. Section 17 of the Act is reproduced below for ready reference:
Recovery of money due from an employer.--
(1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue. (2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon
3 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 4 application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law, (3) The decision of the Labour Court shall be forwarded by it to the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1)].
5. A plain reading of Section 17 of the Act leaves no manner of doubt that Sub-section (1) makes provision for recovery of money due from the employer. This Sub-section is akin to Section 33-C (2) of the Industrial Disputes Act, 1947 and is without prejudice to any other mode of recovery. There is statutory power vested in the State Government to delegate its authority to such authority as it may specify in this behalf. In such cases under Section 17(1), an Assistant Labour Commissioner can issue a certificate of recovery for specified amount to the Collector and the Collector shall proceed to recover that amount 4 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 5 in the same manner as recovery by arrears of land revenue.
6. However, no such power of delegation is conferred on the State Government by the Act in Sub-section (2) of Section 17 and it is the State Government alone which can refer a "dispute" falling under Section 17(2) the Act for determination of the amount due. The order/notification dated 30.06.2016 makes no reference to Sub-Section (2) of Section 17 of the Act and, therefore, it is beyond the purview and ambit of the ALC to make reference to a labour court of a matter triable under Section 17(2). To reiterate, Section 17 (2) the Act does provide any authority to the State Government to delegate its powers under Section 17 (2) on any other authority and none is provided for in Sub- section (2).
7. State Government has filed its reply under directions of this Court calling upon it to submit an affidavit disclosing its stand on the scope of Sections 17 (1) and 17 (2) of the Act. In paragraph 4 of the reply, it has been loosely explained that powers conferred under Section 17(1) can also include action to be taken under Section 17 (2) of the Act, which are to be exercised as per the powers possessed for making a reference to the Labour Court or Industrial Tribunal, which are conferred under Section 10 of the Industrial Disputes Act, 1947. Therefore, it is reasoned in the affidavit that the provisions of Sub- Section (1) and (2) of Section 17 of the Act are to be read collectively and not separately.
5 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 6
8. I am afraid this view does not commend to reason as it would be contrary to the statutory framework of section 17 and the stark difference of fields covered by the two sub-sections of Section 17 and is not the correct interpretation of the law to justify the order dated 13.12.2016 which delegates power on the Assistant Labour Commissioner only under Section 17(1) but not Section 17 (2) of the Act. I would not accept the argument of there being any ambiguity that such power under section 17(1) can be applied or read in Section 17(2) without there being a statutory basis for the broad statement.
9. The respondent-workmen have relied on the decisions of the Allahabad High Court in Civil Misc. Writ Petition No. 11856 of 2018, Pradhan Prabandhak/Unit Head M/s Amar Ujala Vs. State of U.P. and others, 2018 (7) ADJ 715. The case is clearly distinguishable on facts. In that case there was no notification of the UP Government like the restricted one here. The State of UP had in its notification made a blanket law delegating powers of State Government under Section 17 of the Act to specified officers without specifying either Sub-section (1) or (2) of Section 17 of the Act.
10. Mr. Kaushal has referred to the judgment of the Supreme Court in Kasturi and Sons (Private) Limited Vs. N. Salivateswaran and another, AIR 1958 SC 507 in which there is an illuminating discussion on the scope of Section 17 of the Act. He refers to paragraph Nos. 4, 10 & 11 of the judgment. The Court held that power of the authority 6 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 7 specified under Section 17 must be found in the provisions of the Act itself and they cannot be inferred from the accidental circumstances that the specified authority otherwise is a Member of Industrial Tribunal and went to observe as under:
11. In view of the above discussion and the legal position in the Act, I have no hesitation in declaring the order dated 13.12.2016 passed by the ALC illegal and without jurisdiction.
12. Accordingly, these petitions are allowed and the impugned reference orders 13.12.2016 are quashed. State is directed to consider making a reference of the disputes under 17(2) of the Act for adjudication before the appropriate Labour Court. State Government would consider the matter within a month of receiving the certified copy of this order.
13. While the order was being dictated in Court, Mr. Sehgal appearing for the workman brought to my notice the short clarification order of the Supreme Court in Avishek Raja and others Vs. Sanjay Gupta and others passed in the main case dealing with challenge to the Majithia Wage Board Award, by which a time frame was fixed by the Supreme Court for the Labour Court to decide the disputes within 6 months. In the present case also the claims of the employees arise from the Majithia Wage Board Award. The same is reproduced for ready reference:
"Having heard learned counsel for the applicant, we
7 of 11 ::: Downloaded on - 14-04-2019 02:28:55 ::: CWP No. 16275 of 2018 8 are of the view that this miscellaneous application should be disposed of by directing the Labour Courts/Industrial Tribunals in seisin of matters under Section 17(2) of the Working Journalists and other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 to dispose of the same without granting any unnecessary adjournments keeping in mind that the time frame fixed by this Court is six months from the date of reference. We also request the High Court that while entertaining matters against the orders passed by the Labour Courts and Industrial Tribunals, they will keep in mind the above time schedule so as to ensure that the order of this Court is fully complied with."
14. The learned Labour Court, when seized of the reference, will follow these directions by fixing a time schedule till disposal, preferably within the same time frame of 6 months to restore peace, tranquility and harmony in the working classes. With these observations and directions, the petitions stands disposed of.
(RAJIV NARAIN RAINA)
25.03.2018 JUDGE
kv
Whether speaking/reasoned : Yes
Whether reportable : Yes/No
Sr. Case No. Parties Name
No.
1. CWP-24638 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
8 of 11
::: Downloaded on - 14-04-2019 02:28:55 :::
CWP No. 16275 of 2018 9
2 CWP-22338-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
3 CWP-22339-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
4 CWP-22340-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
5 CWP-24448-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
6 CWP-24449-2018 JAGRAN PARKASHAN LTD. V/S STATE
OF PUNJAB AND ORS
7 CWP-24450-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
8 CWP-24451-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
9 CWP-24452-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
10 CWP-24453-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
11 CWP-24454-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
12 CWP-24455-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
13 CWP-24456-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
14 CWP-24457-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
15 CWP-24458-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
16 CWP-24459-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
17 CWP-24460-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
18 CWP-24461-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
19 CWP-24462-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
20 CWP-24463-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
21 CWP-24464-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
22 CWP-24465-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
23 CWP-24466-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
24 CWP-24467-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
25 CWP-24468-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
9 of 11
::: Downloaded on - 14-04-2019 02:28:55 :::
CWP No. 16275 of 2018 10
26 CWP-24444-2018 M/S DAINIK BHASKAR V/S STATE OF
PUNJAB AND ORS
27 CWP-24445-2018 M/S DAINIK BHASKAR V/S STATE OF
PUNJAB AND ORS
28 CWP-24446-2018 M/S DAINIK BHASKAR V/S STATE OF
PUNJAB AND ORS
29 CWP-24447-2018 M/S DAINIK BHASKAR V/S STATE OF
PUNJAB AND ORS
30 CWP-22336-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
31 CWP-24637-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
32 CWP-24636-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
33 CWP-24629-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
34 CWP-24640-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
35 CWP-24641-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
36 CWP-24642-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
37 CWP-24643-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
38 CWP-24644-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
39 CWP-24645-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
40 CWP-24646-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
41 CWP-24632-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
42 CWP-24625-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
43 CWP- 24647-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
44 CWP- 24648-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
45 CWP- 24649-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
46 CWP-24650-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
47 CWP-24651-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
48 CWP- 24652-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
49 CWP- 24653 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
10 of 11
::: Downloaded on - 14-04-2019 02:28:55 :::
CWP No. 16275 of 2018 11
50 CWP- 24624-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
51 CWP- 24626-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
52 CWP-24627 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
53 CWP-24628 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
54 CWP-22342 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
55 CWP- 22343-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
56 CWP- 22344-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
57 CWP-22346 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
58 CWP- 24623-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
59 CWP-24631 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
60 CWP- 24635-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
61 CWP-24634 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
62 CWP-24633-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
63 CWP- 24630-2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
64 CWP-24639 -2018 JAGRAN PARKASHAN LTD V/S STATE OF
PUNJAB AND ORS
(RAJIV NARAIN RAINA)
25.03.2019 JUDGE
kv
11 of 11
::: Downloaded on - 14-04-2019 02:28:55 :::