[ 1137 ]

Registered with the Registrar

of Newspapers for India

under No. 10410

Registered No. PY/44/2018-20

WPP No. TN/PMG(CCR)/WPP-88/2018-20

Dated : 29-12-2020

Price : ` 3-00



La Gazette de L' État de Poudouchéry

The Gazette of Puducherry

PART - I



EXTRAORDINAIRE

EXTRAORDINARY



Publiée par

Published by



Autorité

Authority

` 3-00

Prix : ` 3-00

Price : ` 3-00







2020 }

|

29 {

No.

187

Poudouchéry

Mardi

29

Décembre

2020 (8 Pausa 1942)

No.

Puducherry

Tuesday

29th

December

2020

GOVERNMENT OF PUDUCHERRY

LABOUR DEPARTMENT

No. 7148/AIL/Lab./G/2020.

Puducherry, dated 23rd December 2020.

NOTIFICATION

The notification in S.O. 3596(E) of the Ministry of Labour and

Employment, Government of India, New Delhi, published in the Extraordinary

Gazette of India, dated 13th October, 2020, is hereby republished for general

information of the public.

(By order)

S. MOUTTOULINGAM,

Under Secretary to Government (Labour).

1138

LA GAZETTE DE L’ETAT

[ PART-I

1138

MINISTRY OF LABOUR AND EMPLOYMENT

New Delhi, the 13th October, 2020.

NOTIFICATION

S.O. 3596(E).—Whereas, the Central Government constituted two Wage

Boards to fix or revise rates of wages for journalists and non-journalist newspaper

employees and news agency employees, under section 9 and section 13C of the

Working Journalists and other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (45 of 1955) (hereinafter referred to as the said

Act), by the Notifications of the Government of India in the erstwhile Ministry of

Labour vide numbers S.O.641 (E), dated the 2nd September, 1994 and S.O. 642(E),

dated the 2nd September, 1994, respectively;

And whereas, the said Wage Boards submitted Report containing their

recommendations (Manisana Wage Board Recommendations) to the Central

Government on the 25th day of July, 2000; and the said recommendations, were

accepted by the Central Government, as contained in "Part Three" of the said

Report;

And whereas, in exercise of the powers conferred by section 12 of the said

Act, two orders along with such modifications as specified in Part Three of the

said Report, were notified vide notification numbers S.O. 1086 (E), dated

the 5th December, 2000 and subsequently amended vide notification number

S.O.1125(E), dated the 15th December, 2000 (hereinafter referred to as the said two

notifications);

And whereas, the said two notifications were struck down by the Hon'ble

High Court of Karnataka vide its Order, dated the 1st February, 2006 and by the

Hon'ble High Court of Delhi vide its Order, dated the 21st November, 2006,

respectively;

And whereas, in W.P. (C) No. 5226 of 2010 (in the matter of Sri Achutha Rao

and others Vs. Union of India, Manisana Wage Board and Manipal Media Network

Limited), the Hon'ble High Court of Karnataka vide its Order, dated the 21st January, 2011,

disposed of the Writ Petition after noting that Manipal Media Network Limited was

agreeable to implementing the Manisana Wage Board Order in the case of its

employees;

And whereas, the Central Government, in exercise of the powers conferred

by section 12 of the said Act and in supersession of the said two notifications,

notified the Majithia Wage Board recommendations vide notification number

S.O. 2532 (E), dated the 11th November, 2011, except as respects things done or

omitted to be done before such supersession;

And whereas, while the matters stood like that, the Statesman Mazdoor

Union filed a fresh Writ Petition under W.P. (C) No. 6319 of 2014 before Hon'ble High

Court of Delhi to direct the Central Government to re-notify both the said two

Notifications;

PART-I ]

LA GAZETTE DE L’ETAT

1139

And whereas, the Hon'ble High Court of Delhi disposed of the said W.P. (C)

No. 6319 of 2014 vide its judgment, dated the 6th July, 2018 with the observation

that the judgment, dated the 1st February, 2006 of the Hon'ble High Court of

Karnataka did not survive in view of the subsequent Order of the said High Court,

dated the 21st January, 2011 passed in Achutha Rao and others Vs. Union of India

and others in W.P. (C) No. 5226 of 2010; and further directed the Central Government

to dispose of the representation of the Statesman Mazdoor Union after following

the due procedure as laid down under the said Act;

And whereas, a Letters Patent Appeal 549 of 2018 as against the said Order

dated the 6th July, 2018 was preferred by the Statesman Limited; and while disposing

of the said Letters Patent Appeal, the Division Bench of the Hon'ble High Court of

Delhi, has, inter alia, observed that implementation of the Majithia Wage Board

recommendations will not efface the Manisana Wage Board recommendations and

there are no limitations for the exercise of the powers by the Central Government

under section 12 of the said Act;

And whereas, the Hon'ble High Court of Delhi vide its Order in Letters

Patent Appeal 549 of 2018 and Civil Miscellaneous No. 39593 of 2018, dated the 5th

December, 2018 and subsequent Order, dated the 24th June, 2019, passed in Civil

Miscellaneous Appeal Nos. 28500 and 28501 of 2019 in Letters Patent Appeal 549

of 2018, directed the Central Government that it will orders in accordance with law;

And whereas, in pursuance of the proviso to clause (a) of sub-section (2)

of section 12 of the Working Journalists and other Newspaper Employees

(Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955) a notice

was published in the Official Gazette vide notification number S.O.1731(E), dated the

14th May, 2019, to notify all persons likely to be affected by the proposed

re-notification to the Manisana Wage Board recommendations to make their

representations in writing within a period of thirty days from the date of publication

of the said notice;

And whereas, representations were received in the Ministry in response to

the notice published in the Official Gazette vide the said notification number

S.O.1731(E), dated the 14th May, 2019 and the same were examined and considered;

Now, therefore, in pursuance of the said directions of the Hon'ble High Court of

Delhi and in exercise of the powers conferred by sub-section (1) of section 12 of the

Working Journalists and other Newspaper Employees (Conditions of Service) and

Miscellaneous Provisions Act, 1955 (45 of 1955), the Central Government hereby

makes an Order, which in the opinion of the Central Government do not affect

important alterations in the character of the Manisana Wage Board recommendations,

to cover the period and the classes of working journalist and non-journalist

newspaper employees as mentioned below, namely:—

(a) 1st April, 1998 to 10th November, 2011 (in respect of newspaper

establishments of classes III, II, I, IA and IB);

(b) 1st June, 1999 to 10th November, 2011 (in respect of newspaper

establishments of classes IV and V); and

(c) 1st April, 2000 to 10th November, 2011 (in respect of newspaper

establishments of classes VI to IX).

1140

LA GAZETTE DE L’ETAT

[ PART-I

1140

2. In view of the foregoing, the notification numbers S.O. 1086 (E), dated

the 5th December, 2000 and subsequently amended vide notification number

S.O. 1125(E), dated the 15th December, 2000 shall, for all purposes be deemed

operational for the purposes of this notification and be treated as the part of this

order in compliance with the directions, in letter and spirit, of the Division Bench

of the Hon'ble High Court of Delhi, in Letters Patent Appeal 549 of 2018 and Civil

Miscellaneous No. 39593 of 2018, dated the 5th December, 2018 in respect of working

journalist and non-journalist newspaper employees, who were employed during the

period governed by the Manisana Wage Board Recommendations as specified in

preceding paragraph.

[F.No. S-14016/2/20l5-WB]

VIBHA BHALLA,

Joint Secretary.

————

online publication at “https://styandptg.py.gov.in”

Published by The Director, Government Press

Printed at: Government Central Press, Puducherry.

Posted at: Puducherry HPO on every Tuesday