Friday 17 January 2020

PTI employee wins Majithia case

In the first Award (concerning the Majithia Wage Board Award ) to be passed  by the Labour Courts at Mumbai, Shri F M Pathan, Judge, 4th Labour Court , has awarded Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only) to A B Desai of Press Trust of India (PTI).
Desai had filed an application u/s 17 of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 claiming that he had been denied two pay scale up-gradations (promotions) under Clause 19 (f) of the Majithia Wage Board Award (MWBA) for news agencies, thereby entitling him to receive a difference of Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only).
The PTI management argued that up-gradations (promotions) were not automatic but were linked to a satisfactory performance of service during the stipulated period. According to PTI, Desai’s service was unsatisfactory.
The PTI management also contented that promotions could only be prospective and not retrospective and, therefore, Clause 19 (f) of the MBWA came into play only after the date of enforcement, i.e. 11/11/2011.
Rejecting the arguments of the PTI, the court held that no appraisal report had been filed by the company and that the contention of the Company were not supported by any documentary material.
Importantly, the court also concluded that Clause 19 (f) envisaged that the entire period of service as on 11.11.2011 had to be taken into consideration.
Furthermore, the court held that non-issuance of any memo or show cause or warning or any adverse remark was sufficient to deduce that service is satisfactory. As Desai had not received any memo or show cause or warning or any adverse remark, his service could not be held below any satisfactory benchmark.
The court also rejected PTI’s argument that the work being done by Desai had become obsolete and therefore he was not entitled to any up-gradation / promotions and observed that though the work had become obsolete, the First Party kept the Second Party in employment till his superannuation (on 30/11/2016) and extended all other service conditions.
In a well-reasoned and clearly-worded order, the court concluded that Desai was entitled to two promotions - the first one on 11/11/2011 and the second on 02/02/2015. The court, therefore, held that Desai be paid a sum of Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only) as claimed.

वर्किंग जर्नलिस्ट एक्ट खत्म करने जा रही मोदी सरकार, दर्ज कराएं अपना विरोध



वेजबोर्ड बचाने के लिए सभी पत्रकार-गैर पत्रकार संगठन एकजुट होकर दर्ज कराएं आपत्ति 

सभी पत्रकार-गैर पत्रकार एवं अखबार कर्मचारियों के संगठनों से सादर अनुरोध है कि वे वर्किंग जर्नलिस्ट एक्ट एण्ड मिसलिनियस प्रोविजन एक्ट-1955 को “द इंडस्ट्रियल रिलेशन केड-2019”, “द कोड ऑफ सोशल सिक्योरिटी 2019″ और ”वेज कोड-2019” में शामिल किए जाने का विरोध करें।

लोकसभा सचिवालय द्वारा गठित “डिपार्टमेंटली रिलेटड स्टैंडिंग कमेटी ऑन लेबर” के यहां सभी संगठन अपने-अपने स्तर पर नियमानुसार आपत्ति दर्ज करवाकर वर्किंग जर्नलिस्ट एक्ट बचाने का कष्ट करें।
हालांकि कुछ साथी भर्त्रूहरि मेहताब (सांसद, कमेटी अध्यक्ष) के पास अपना विरोध दर्ज करवा चुके हैं, लेकिन अब लोकसभा सचिवालय ने अखबारों में विज्ञापन देकर एक बार पुन: सुझाव मांगे हैं। ऐसे में पत्रकार संगठन अपनी आपत्ति अवश्य दर्ज कराएं अन्यथा मोदी सरकार पत्रकारों और गैर पत्रकारों के लिए वेज बोर्ड समाप्त करने का प्रावधान कर चुकी है। इसे रोकने के लिए सभी को एकजुट होना चाहिए।

-विजय शर्मा
vijaysharmaht@gmail.com

Friday 10 January 2020

मजीठिया पर बड़ी खबर: भास्‍कर को झटका, अदालत ने चार कर्मियों के ट्रांसफर और टर्मिनेशन को गलत ठहराया, दिए निुक्ति के आदेश

भीलवाड़ा। राजस्‍थान की भीलवाड़ा लेबर कोर्ट ने बृहस्‍पतिवार को मजीठिया वेजबोर्ड आयोग की मांग करने वाले चार साथियों को भास्कर प्रबंधन द्वारा 2015 में किए गए ट्रांसफर एवं टर्मिनेशन को गलत माना है!
न्यायाधीश अजीत कुमार हिंगड़ ने लंबी बहस और सबूतों के आधार वर्ष इन चार कर्मचारियों को 2015 से रेगुलर नौकरी मानते हुए इनकी बहाली के आदेश एि।
इन चार कर्मचारियों में  दैनिक भास्कर भीलवाड़ा के डिप्टी न्यूज एडिटर ललित ओझा, चीफ सब एडिटर प्रदीप ब्यास, सब एडिटर रणजीत राजपूत और डीटीपी इंचार्ज ललित विजयवर्गीय शामिल है।
कर्मचारियों की तरफ से भारतीय मजदूर संघ  के प्रदेश उपाध्यक्ष प्रभाष चौधरी ने पैरवी की।
गौरतलब है कि लेबर कोर्ट ने इससे पहले 27 दिसंबर 2019 को मजीठिया वेजबोर्ड आयोग लड़ाई लड़ रहे भीलवाड़ा के 13 कर्मचारियों को दो करोड़ की रिकवरी के आदेश दिए थे।

#MajithiaWageBoardsSalary, MajithiaWageBoardsSalary, Majithia Wage Boards Salary

Saturday 4 January 2020

Send List of National Councilors and Delegates to IFWJ Headquarters

To

All Presidents and General Secretaries of the state units, Working Committee Members and Office Bearers of the IFWJ,



Dear Comrade,

Greetings of the New Year!

We are glad to inform that Shri B.V. Mallikarjunaiah has again been elected the President of the Indian Federation of Working Journalists (IFWJ). The announcement of his unanimous election was made on 27th of December 2019 by the Central Returning Officer (CRO) Shankar Dutt Sharma. The result of his election has been widely reported in newspapers and web portals. The CRO Sharma was ably assisted by the ACRO Shri T.B. Singh in the discharge of his onerous responsibilities. The new tenure of B.V. Mallikarjunaiah will start from the new delegate session, which will be held in the new future in consultation with other state units. It will be attended by the National Councilors and the Delegates of all the state units.

List of National Councilors and Delegates
It is, therefore, requested that all state units should send the list of the National Councilors and Delegates to the IFWJ Headquarters on email ‘ifwj.ifwj@gmail.com’ at the earliest possible but not later than 25th of January 2020. It is pertinent to mention here that only the National Councilors will be qualified to file the nomination papers for the election to Working Committee including for the posts of the other office-bearers. In the meantime, the last meeting of the outgoing Working Committee will be held before the Delegate Session some times before 10th of February 2020. We have got the invitation from many state units but the final decision about the date and venue will be taken in consultation with the host state unit.

Occupational Safety, Health and Working Conditions Code
The Government of India has decided to amalgamate 14 labour laws into four code bills. One of it, the Wages Code Bill, has already been passed by both Houses of Parliament in August 2019. However, as soon as we came to know about the subsuming of the Working Journalists Act and Fixation of Wages of Journalists Act with the ‘Occupational Safety, Health and Working Conditions Code’, we swung into action and sought time from the Union Labour Minister Mr Santosh Gangwar. We met him twice once; at his residence which comprised the IFWJ Vice President Hemant Tiwari, Secretary Siddharth Kalhans, Treasurer Rinku Yadav, National Councilor Ravindra Mishra, UPWJU President Bhaskar Dube among others. The Union Labour Minister assured us in our first meeting itself that the interests of the media employees would be fully taken care of. The IFWJ also submitted a memorandum to him underlining the need of comprehensively amending the Working Journalists Act, which has become thoroughly inadequate after the explosion of the audiovisual and digital media.

The second time we met him in his office in a delegation of all the important media organisations of the country, it included the representatives from Confederation of Newspapers and News Agencies Employees Federation, Indian Federation of Working Journalists, All India Newspaper Employees Federation, Indian Journalists Union, National Union of Journalists (I), PTI Employees Union and Indian Express Newspapers Employees Union. A joint memorandum was submitted to the Minister, who emphatically promised that there would be no compromise with the interests and welfares of the media employees. Earlier in a meeting at Chennai of all the media employees unions had decided to hold a massive protest rally at Jantar Mantar on 10th of October 2019. Pursuant to that, we organised a huge rally at Jantar Mantar on the said date. It was the biggest protest rally of the media persons after 2001.

We are happy to state that our meetings and memoranda to the Minister and protest demonstration yielded the result. otherwise, the government would have passed this Bill also in the same surreptitious manner as the Wages Code Bill was passed without even a whimper of protest even from the All India Trade Union organisations like; BMS, HMS, AITUC, INTUC and CITU etc. It was only due to our concerted efforts that the Government referred our memorandum to the Parliamentary Committee on Labour headed by Bhartruhari Mahtab. The Committee thereafter called us to hear our views on 19th December 2019 in the Annexe of the Parliament. The Committee members and the Chairman assured us to recommend our submissions to the Government not to take amalgamate of the Working Journalists Act with other Acts, which have no commonality with it.

The IFWJ also submitted a separate memorandum of nearly ten pages to the Parliamentary Committee on Labour pointing out the need for the retention of the Working Journalists Act and also for comprehensively amending it so as the benefits of the Working Journalists Act are extended to employees working for the electronic medium or the web portals.

IFWJ has also planned to have a wide discussion on this issue with other trade union bodies of media so that; a strategy could be prepared for safeguarding the Working Journalists Act.

The Working Journalist
Friends! The year 2020 has heralded with a new resolution of the IFWJ to regularly being out ‘The Working Journalist’ every month. Therefore, all state units are requested to send the advertisements, articles, photographs of the activities of their state units.

IFWJ Office
We have to have a new and state-of-the-art office as the lease for the old office has expired. The new office will be all the more necessary because the existing office does not have much space. Our shifting to the new office will depend upon the generous monetary contributions from states. As you all know that the IFWJ is the oldest organisation of the journalists and yet it could not get its own permanent office place because of the insatiable greed of a person, who shamelessly cornered all the recourses for his personal purposes rather than for strengthening the organisation. Thankfully, he has been ousted from the IFWJ. Hopefully, 2020 would be a turning point in the history of the IFWJ. We propose to have an Office Committee for the IFWJ consisting of the members from different states.

Quota-money
We have entered into the new decadal year. So, it is requested of all the state units to send their quota money along with the new list of the members. Let this New Year bring all joys and achievements to our members.


Parmanand Pandey
Secretary-General, IFWJ