The Supreme Court
Judgment on bunch of contempt petitions filed against the owners of the
newspapers has not brought any significant relief to the newspaper employees.
In fact, this judgement has simply reiterated what has already been said in the
original judgment of 7th February 2014 in Writ Petition (C) No. 246/2011.
The main points of
the contempt petitions were that the newspapers have not implemented the
Majithia Wage Board recommendations even after the notification by the
Government of India dated 11.11.2011 and the judgment of the Supreme Court
dated 07.02.1014. It may be recalled here that Justice Majithia had submitted
his report on 31.12.2010 but before it could be notified by the Government of
India, the proprietors filed petitions in the Supreme Court for annulling the
Working Journalists Act and the collateral benefits that are given to the
employees under the act. Their main contention was that since other industries
have done away with Wage Revision Boards and therefore the newspaper industry
should also not be allowed to have it.
Anyway, the
Supreme Court dismissed all the petitions of the newspapers and directed them
in no uncertain terms to implement the MWB recommendations, with one minor
change that instead of July 2010, it would come into force on 11.11.2011, the
date of its notification by the Government. However, when many rogue
proprietors deliberately not implemented the Majithia Award, employees
approached the Supreme Court for hauling the owners for the contempt of the
Court. The Supreme Court was prima facie convinced that the proprietors have
not implemented the Majithia Wage Board and this was the reason that contempt
notice were issued to them. The court also obtained the independent reports
from the Labour Commissioners of various states, which by and large, agreed
with the contentions of the employees that the proprietors have failed to
implement the report. The employees had shown it with many documentary proofs
that they were being given the much less wages than what the Wage Board had
recommended. There has not been any change in their salaries irrespective of
the MWB Award. This itself would have been enough for the court to initiate
contempt proceedings against the newspaper proprietors but they have been
allowed to go scot free.
These petitions
were not filed for seeking the clarification on 20J, VDA or Classification but
for maintaining the majesty of law by punishing those, who have cared not two
hoots to implement the MWB and adopted the most devious means to get the
signatures of the employees in bulk, under duress, force and coercion, on blank
sheets of papers by saying that they were happy with wages and allowances,
which they have been getting from the newspapers. In the meantime, a new crop
of employees emerged, which started working overtime for an Advocate, who is
known for digressing the issues. As a result of it, the Court was bogged down
more in clarifications than in initiating the contempt against the proprietors.
20J was a
non-issue. The Court itself had observed more than once during the hearing that
those employees who were getting more wages and allowances than the Wage Board
recommendations, it will be applicable on them only. This is perfectly in
conformity with the Statute. With regard to the regular and contractual
employees also, there is no ambiguity in the Working Journalists Act. Thus,
this judgement has hardly given any relief to thousands of employees. What is
all the more saddening for the employees is that 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 Hon’ble Court has simply ignored it causing further depression
among the employees.
The newspaper
employees have certainly not been waiting for this judgment with bated breath
as they have again been left high and dry to fend for themselves. This judgment
will further embolden the owners of the newspapers for starting the cycle of
repression, harassment, victimization and exploitation of the employees. We,
therefore, crave the indulgence of the Supreme Court to, suo muto, appoint a
retired High Court Judge to ensure the implementation of the Award in its
letter and spirit.
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