Friday 23 June 2017

Majithia: Supreme Court verdict is of no immediate help to journalists

Aggrieved journalists will have to petition their state governments to get things done.


A much-awaited judgment of the Supreme Court of India on a bunch of 83 petitions relating to non-implementation of the Majithia Wage Board Award for newspaper employees has received mixed responses. The court, in its latest judgment, exonerated the newspaper managements of the charge of contempt for failing to implement an earlier Supreme Court order from February 2014 asking managements to implement the award. It gave the managements one more opportunity to implement the award while issuing certain clarifications.

“I am really disappointed,” Parmanand Pandey, a Supreme Court advocate who fought the case on behalf of newspaper employees, said in a telephonic interview. The judgment has not brought any significant relief to the employees, he said. The judgment, he added, “has simply reiterated what has already been said in the original judgment of February 7, 2014”.

The court took the view that the non-implementation or partial implementation of the award by newspaper managements stemmed from misunderstanding. “At best, the default alleged has taken place on account of a wrong understanding of the award as upheld by this court,” it said. It went on to add that, “The default alleged though is unmistakably evident to us, in the absence of any wilful or deliberate intention to commit the same cannot make any of the newspaper establishments liable for contempt. On the other hand, they are entitled to one more opportunity to implement the award in its proper spirit and effect in the light of what we now propose to say.”

The gist of what it went on to say is that the award has to be implemented in full, that it relates to all newspaper employees, and that contractual employees are also covered by it. These clarifications have been welcomed by journalist unions. The award will have to be implemented by all newspapers and mere financial difficulties are not an excuse. “So far as the concept of heavy cash losses is concerned, we are of the view that the very expression itself indicates that the same is different from mere financial difficulties and such losses apart from the extent of being crippling in nature must be consistent over the period of time stipulated in the award. This is a question of fact that has to be determined from case to case,” the court said.

It directed that all complaints of non-implementation of the Majithia Wage Board Award should be dealt with “in terms of the mechanism provided under Section 17 of the Act.”

“It would be more appropriate to resolve such complaints and grievances by resort to the enforcement and remedial machinery provided under the Act rather than by any future approaches to the courts in exercise of the contempt jurisdiction of the courts or otherwise,” it said.

It also provided no relief to petitioners who had complained of arbitrary transfers and dismissals for demanding implementation of the award.

“The court has fully glossed over the pathetic plight of those employees who had been dismissed or transferred to faraway places, whose only fault was that they had prayed for the implementation of the award. This amounted to aggravating the contempt of court but the honourable court has simply ignored it causing further depression among the employees,” Pandey said. He estimates that somewhere between 300 and 400 employees were thrown out of their jobs for seeking implementation of the award.

Employees, who have been denied the wages due to them under the award, now have to approach the office of the Labour Commissioner with individual petitions for claims, along with calculations of amounts due to them. They can do so in groups so that their individual petitions are bunched together. These claims will then be examined. Where the claims are disputed by managements - which is likely in all cases - there will be hearings. Eventually, the labour court will give a decision. However, that does not mean the employee will get his or her money. The court may issue a “recovery certificate” but the actual recovery of the money itself might take yet another battle.

One group of newspaper employees in Uttar Pradesh has already experienced this at first hand. This group of employees from Hindustan, the Hindi publication of the Hindustan Times group, sought benefits under the Majithia Wage Board Award in September last year. The group initially comprised employees from both Hindustan and Hindustan Times, but the ones from HT were persuaded to withdraw their claims, according to one of the employees involved in the case who declined to be identified. Five of their colleagues from Hindustan also backed out under pressure. The remaining ones refused to do so and were sacked in the next couple of months. They, however, pressed on with their claim to the labour commissioner. Dates were repeatedly set for hearings and the process dragged on until March this year when they finally obtained Recovery Certificates in their favour entitling them to receive their claims. However, the company has since claimed its side was not heard, and fresh dates for hearings are now being set.

Since there is no deadline for this process, it is possible that matters would drag on indefinitely. Pandey estimates that the time from start to end would be 3-4 years. The pace of the process would depend on which way governments both in the state and at the Centre lean.

The process in its entirety has already taken about 10 years. The wage boards for revision of wages were constituted in May 2007. They submitted their recommendations in 2010. At that point, the ABP Group challenged the constitution of the wage boards in court. The Union Government accepted the wage board recommendations in 2011. The Supreme Court ruled in favour of the employees in 2014. However, many or most employees did not receive the benefits that were due to them, and 83 petitions alleging non-implementation and partial implementation were filed from various parts of the country, on which the SC has now passed judgement.

Journalists in many publications, especially in Hindi and regional language media – some of which make sizeable profits – are paid less than the Rs 25,000 Central government drivers earn at entry level. They also have no job security, pension, or other benefits. It is commonplace for employees who suffer heart attacks, strokes, accidents or other serious medical ailments to be fired because the newspaper managements do not want to keep them on the payrolls even on leave without pay.

The employees have again been left high and dry to fend for themselves, according to Pandey. “This judgment will further embolden the owners of newspapers to start the cycle of repression, harassment, victimisation and exploitation of the employees,” he said.

Employees have been left with no recourse except to band together at the state level in each state, and petition their respective state governments.

The author can be contacted at samrat.choudhury@gmail.com.

[source: /www.newslaundry.com]


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