Fight against oral termination of a contract worker
Leads to dismissal of 65 permanent employees including eight journalists !
65 employees in Maharashtra sacked for two days mass leave in “Lokmat”and “Lokmat Samachar”and “Lokmat Times!!
In Four years continuing complex legal battle Industrial Tribunal orders reinstatement of 24 employees failing which monthly payment @ 75% of the last salary drawn !!
ALL ATTEMPTS TO CRUSH THE UNION FOILED !!!
The premier trade union of newspaper employees in Nagpur has membership in the leading chain of newspapers “Lokmat”(Marathi), “Lokmat Samachar” (Hindi) and “Lokmat Times” (English) spread throughout Maharashtra. It is significant to note that even journalists are members of the Union. It has a branch of the union at Goa too. One Shri who is working on contract basis was elected President of the Goa Unit.
Immediately after the Unit was formed at Goa, the Vice President (HR) Shri Balaji Mule visited Goa and asked Shri Manoj Ingulwar to immediately resign from the union failing which his contract will not be renewed and he will be removed from service. Shri Ingulwar refused to resign from the union and hence he was dismissed from service on 12.11.2013.
The office bearers of the union at Head Office Nagpur took up the issue with the top management of the Lokmat and requested for immediate reinstatement of Shri Ingulwar the President of Goa Unit of the Union but the management refused. It put the condition that all the industrial disputes filed by the union should be withdrawn unconditionally and only then the workman will be taken back. Further the management also wanted the union to give an undertaking that it will not file any industrial disputes against the management in future. That because of this adamancy and anti-labour attitude of the management the employees throughout Maharashtra went on two days mass leave which resulted in dismissal of 65 employees, including eight journalists, on 21.11.2013 throughout the State of Maharashtra.
That as demands of the Union regarding reclassification of the newspaper establishment under Palekar Award and under Bachawat Award along with seven other demands regarding leave etc., were pending before the Industrial Tribunal, Nagpur, the management was required to take approval of the Industrial Tribunal for the impugned dismissal of the employees. The application for approval was made by the management on the same day viz., 21.11.2013.
In order to crush the Union, the management with the help of its cronies called a general meeting of all the employees – who are not members of the union – and elected new set of office bearers and on the basis of such a fraud filed a fraudulent agreement before the Industrial Tribunal stating that in pursuance of the said agreement all the pending References filed by the Union have been withdrawn as settled. That a request was made to the Tribunal for passing an Award in terms of such settlement.
The Union challenged the alleged “bogus” election and got a stay on the same. The matter went to the High Court and the matter was decided in favour of the Union and its present office bearers. That as a result of the same, the approval proceedings initiated by the management before the Industrial Tribunal were saved and were required to be continued.
In order to delay the proceedings, the management examined 118 witnesses and the union examined 24 witnesses. A large number of documents were filed, detailed arguments, both written and oral, were advanced. However, the Industrial Tribunal on a technical ground refused to pass order on merit as according to it the employer employee relationship was disputed. Both the parties took the matter to the High Court and the High Court remanded the matter for being decided by the Industrial Tribunal within six months. The matter was again argued and when the it was fixed for judgment, again, in order to frustrate the decision, the management now withdrew its original application seeking approval of dismissal.
Thus the net result of the withdrawal of application for grant of approval to the impugned dismissal dated 21.11.2013, is the dismissal is without approval of the Industrial Tribual. Therefore, the Union filed proceedings under Sectin 33A of the Industrial Disputes Act, 1947 and also sought interim relief of being reinstated or alternately being paid full wages pending final decision in the matter of application under Section 33A of the Industrial Disputes Act, 1947. The Industrial Tribunal, Nagpur, by its interim order dated 7.11.2017 directed the management to reinstate the 24 employees, most of whom are principal office bearers of the Union, or alternately pay them 75% of the last drawn wages, pending final decision in the matter.
Shri S.D. Thakur, Advocate, Legal Advisor of the Union who also happens to be the President of the AINEF, conducted the matter throughout and will be dealing with the same hence forth too.
COMING SHORTLY
ANOTHER GOOD NEWS
FOR EMPLOYEES OF “LOKMAT’’
GROUP OF NEWSPAPERS
The Lokmat Shramik Sanghatana, Nagpur, had raised demand on 13.6.1997 for reclassification of Lokmat Group of Newspapers as under :
W.E.F. ClassGross Revenue (Palekar Award)
1.10.1979IIIGross revenue was more than one Crore
But less than two Crores.
1.10.1982 IIGross revenue was more than two Crores
But less than four Crores.
1.10.1985 IGross revenue was more than four Crores
But less than 10 Croes.
Gross Revenue (Bachawat Award)
1.1.1988IIIGross revenue was more than 10 Crores
But less than 20 Crores.
1.1.1991 IIGross revenue was more than 20 Crores
But less than 50 Crores.
1.1.1994 IGross revenue was more than 50 Crores
1.1.1997 IAGross revenue was more than 100 Crores
Though the conciliation proceedings in regard to the same failed on 27.5.1999 the State Government refused to make reference of the same to the Industrial Tribunal for adjudication. The said decision of the State Government was then challenged by the Union in the High Court and in the High Court, the State Government agreed to make reference of the demand for adjudication and accordingly on 6.2.2000 the matter came before the Industrial Tribunal, Nagpur, for adjudication.
That after prolonged litigation wherein management filed 366 affidavits of employees to the effect that they have received all the benefits of Palekar Award and Bachawat Award and Majithia Award and hence they have no claims about the same against the management to demonstrate that every body has been paid correctly as per the Awards.
In the evidence led by the management it was clear that nobody was able to show and demonstrate that the newspapers have been correctly classified to show that the employees have been paid correct wages as per the Awards.
The management was directed by the Industrial Tribunal to file its Balance Sheets which order of the Tribunal was challenged by the Management in the High Court. The High court by order dated 1.12.2006 dismissed the Writ Petition of the management and directed it to file the balance sheets within four weeks which it did not do till today.
The matter was argued on merits on 9.11.2017 by the Counsel of the Union and the management’s arguments will be heard on the 16.11.2017. As the things stand, before the end of 2017 we should have an affirmative award in our favour. Wait for the good news!
S.D. Thakur, Advocate
President
advthakursd@gmail.com
(M) 094221 46995.
V. Balagopalan
General Secretary
balagopalanv1@gmail.com
(M) 095441 81188.
ALL INDIA NEWSPAPER EMPLOYEES FEDERATION
(A composite union of Journalists & Non-journalist employees)
Flat No.29, Shankar Market, Connought Circus, New Delhi 110 001.
