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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).
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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.
————
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