Dated: 14/03/2014
ITEM NO.2+50 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONTEMPT PETITON(C) No.411/2014 In WRIT PETITION(C) No.246/2011
AVISHEK RAJA & ORS. Petitioner(s)
VERSUS
SANJAY GUPTA Respondent(s)
(with appln. (s) for exemption from filing O.T., impleadment seeking permission to bring additional facts and office report)
WITH
CONTEMPT PETITION (C) NO.33/2015 IN WRIT PETITION (C) NO.246/2011
(With appln.(s) for permission to place addl. documents on record
and Office Report) Date : 14/03/2016 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE PRAFULLA C. PANT
UPON hearing the counsel the Court made the following
O R D E R
All these cases will now be heard finally on 19th July, 2016. Registry is directed to list the cases on the top of the list on the said date.
The reports submitted on behalf of the States of Meghalaya, Himachal Pradesh and the Union Territory of Puducherry are taken on record and we have perused the same.
Insofar as the States and Union Territories in respect of which reports have been filed and compliance of the order of this Court is partial, we make it clear that all concerned establishments which are yet to comply with the order of the Court would do so on or before the date fixed i.e. 19th July, 2016.
So far as the States of Uttar Pradesh(partial), Uttarakhand, Odisha, West Bengal, Telangana, Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Goa and Assam are concerned, we direct that the reports in terms of this Court's Order dated 28th April, 2015 be filed on or before the 5th July, 2016, failing which the Chief Secretaries of the States will appear in-person on 19th July, 2016. Objections, if any, to such reports as may be filed shall be brought on record on or before 12th July, 2016.
We have also taken note of the various interlocutory applications that have been filed alleging wrongful termination of services and fraudulent surrender of the rights under the Wage Board recommendations to avoid liabilities in terms of the order of the Court. As such complaints received till date are substantial in number, this Court is not in a position to individually examine each case. We, therefore, direct the Labour Commissioner of each of the States to look into all such grievances and on determination of the same file necessary reports before the Court which will also be so filed on or before 12th July, 2016. We grant liberty to each of the individual employees who have filed the interlocutory applications and also such employees who are yet to approach this Court but have a grievance of the kind indicated above to move the Labour Commissioner of the State concerned in terms of the present order.
(Neetu Khajuria) Sr.P.A.
(Asha Soni) Court Master
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Dated: 12/01/2016
ITEM NO.2 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONTEMPT PETITION (C) NO. 411/2014
IN
WRIT PETITION (C) NO. 246/2011
AVISHEK RAJA & ORS. PETITIONER(S)
VERSUS SANJAY GUPTA RESPONDENT(S)
(WITH APPLN. (S) FOR IMPLEADMENT AND OFFICE REPORT)
WITH CONMT.PET.(C) NO. 33/2015 IN W.P.(C) NO. 246/2011
(WITH APPLN.(S) FOR PERMISSION TO PLACE ADDL. DOCUMENTS ON RECORD AND OFFICE REPORT)
ON hearing the counsel the Court made the following
O R D E R
ON hearing the counsel the Court made the following O R D E R Pursuant to the order of this Court appointing Inspectors under Section 17-B of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, the Inspectors so appointed in respect of some of the States/Union Territories, namely, Bihar, Nagaland, Chhattisgarh, Sikkim, Chandigarh, Maharashtra, Jharkhand, Arunachal Pradesh, Andaman and Nicobar Administration, Govt. of Manipur, Jammu & Kashmir, Gujarat, Madhya Pradesh, Rajasthan, Punjab, Delhi, Uttar Pradesh, have filed their respective reports. The said reports would go to show that while recommendations of the Majithia Wage Board have been implemented in full by some of the establishments such implementation has been in part by other establishments whereas in the case of majority of the establishments the Majithia Wage Board recommendations remain unimplemented. There are certain other features, which are relevant to the subject matter, that are mentioned in the report of the Inspectors. A copy of the aforesaid reports be made 11 available to the learned counsel for all the contesting parties by the Registry within a period of two weeks from today. The parties may file their respective response within a period of four weeks thereafter. Such of the States in respect of which report(s) has not been submitted may do so within the aforesaid period of six weeks and a copy of the said reports as and when filed will be made available by the Registry to all the contesting parties without there being any further order in this regard by the Court. Response(s) to the said report(s) may also be filed by the contesting parties before the next date of hearing.
It has been brought to our notice by the learned counsels for some of the contesting parties that in case of some establishments, details of which need not be specifically mentioned herein, employees have been retrenched/terminated and in respect of certain other establishments the employees have been forced/compelled to sign undertakings which were later on used as to make out declarations that the employees do not desire to be covered by the Wage Board recommendations. While the latter aspect of the matter is mentioned in the several reports of the Inspectors appointed under Section 17-B, the contesting parties will be at liberty to bring forward all materials in this regard and the establishments in question will, 12 naturally, be at liberty to rebut/counter the said allegations.
List all these cases for further consideration after eight weeks.
[VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER
----------------------------------
Dated: 03/12/2015
ITEM NO.801 COURT NO.7 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS CONMT.PET.(C) NO. 411/2014 IN W.P.(C) NO. 246/2011
AVISHEK RAJA & ORS. Petitioner(s)
VERSUS SANJAY GUPTA Respondent(s)
Date : 03/12/2015 This petition was mentioned today.
CORAM : HON'BLE MR. JUSTICE RANJAN GOGOI
HON'BLE MR. JUSTICE N.V. RAMANA
For Petitioner(s) Mr. Parmanand Pandey, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R Not to be deleted from the cause list.
[VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER
------------------------------------------------------
Dated: 28/04/2015
ITEM NO.2 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS CONMT.PET.(C) No. 411/2014 In W.P.(C) No. 246/2011
AVISHEK RAJA & ORS. Petitioner(s)
VERSUS
SANJAY GUPTA Alleged Contenmor/Respondent(s)
(With appln. (s) for impleadment and office report) WITH CONMT.PET.(C) No. 33/2015 In W.P.(C) No. 246/2011 (With appln.(s) for permission to place addl. documents on record and Office Report)
UPON hearing the counsel the Court made the following
O R D E R
While keeping these contempt petitions pending we issue the following directions:
All the State Governments acting through their respective Chief Secretaries shall, within four weeks from today, appoint Inspectors under Section 17(b) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions 7 Act, 1955 to determine as to whether the dues and entitlements of all categories of Newspaper Employees including Journalists under the Majithia Wage Board award has been implemented in accordance with the terms thereof. The inspectors appointed by the State Government will naturally exercise their powers as provided under the Act and shall submit their report to this Court through the Labour Commissioners of each State indicating the precise findings on the issue indicated above. This will be done within a period of three months from the date of appointment under Section 17(b) of the Act.
The cases will be listed again after receipt of the report as above stated.
All contentions with regard to maintainability of the contempt petitions are kept open.
(MADHU BALA) COURT MASTER (ASHA SONI) COURT MASTER
---------------------------------
Dated: 10/03/2015
ITEM NO.1 COURT NO.8 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONMT.PET.(C) NO. 411/2014 IN W.P.(C) NO. 246/2011
AVISHEK RAJA & ORS. PETITIONER(S)
VERSUS
SANJAY GUPTA RESPONDENT(S)
(WITH APPLN. (S) FOR IMPLEADMENT AND OFFICE REPORT) WITH CONMT.PET.(C) NO. 33/2015 IN W.P.(C) NO. 246/2011 (WITH OFFICE REPORT)
UPON hearing the counsel the Court made the following
O R D E R
Learned counsels for all the parties in this group of cases are agreed that the matters can be conveniently heard by the Court on 28th April, 2015 by which time all such pleadings that may be required by the contesting parties will be brought on record.
In view of the aforesaid stand taken by the learned counsels for all the contesting parties, we fix the hearing of the case on 28th April, 2015 making it clear that on the said date there will be no further adjournment.
The requisite pleadings may be brought on record by the concerned parties well in time to enable the responses thereto to be made and also to enable the court to go through the same.
[VINOD LAKHINA] COURT MASTER [ASHA SONI] COURT MASTER
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