Two decades long Quest for justice
The
seven daily wager Peons working with Lokmat since the dates below with their
names:
1. Dnyaneshwar
Kadu 6.11.1992
2. Sanjay Ingle 8.07.1993
3. Shalikram
Waghade Oct. 1994
4. Fulchand
Gedam June 1991
5. Ramesh
Marwadi Oct. 1994
6. Prabhakar
Choudhari 28.9.1992
7. Bharat Pimple 13.9.1992
Filed cases on 10.10.1996 for
their regularization and permanency and for wages as per Palekar, Bachawat
etc., before Industrial Court, Nagpur.
Management took objection that they were not employees of Lokmat but
were domestic servants of their officers and thus there was no
employer-employee relationship. That,
therefore, as per the decisions of the Supreme Court in the matter of General
Labour Union (Red Flag, Bombay) v. Ahmadabad Mfg. & Calico Printing Co. Ltd
reported in 1995 Supp (1) SCC 175, Vivid Kamgar Sabha v. Kalyani Steels Ltd.
and Anr. Reported in 2001 (2) SCC 381, Cipla Ltd. v. Maharashtra General Kamgar Union
reported in 2001 (3) SCC 101 and Sarva Shramik Sangh v. Indian Smelting &
Refining Co. reported in 2003 (10) SCC 455 since employer-employee relationship
was disputed complaint under Maharashtra Recognition of Trade Union &
Prevention of Unfair Labour Practices Act, 1971 was not maintainable.
THE BLOW
Pending cases for regularization
and permanency, they were orally terminated from service w.e.f. 1.5.1998.
At
the fag end of the recording of evidence, Management raised the objection that
since employer-employee relationship was disputed the said issue of
maintainability of the complaints be decided first. The Industrial Court held that since it was
in the concluding stage of recording evidence it will decide the issue of
maintainability of complaints along with merits. The employer challenged the said order
directly in the Supreme Court. The
Supreme Court refused to interfere and held that outcome of the Industrial
Court’s decision will be open to challenge by the affected party. The Industrial Court allowed complaints of
all the seven daily wagers by directing management to make them regular and
permanent peons after completion of 240 days continuous service and also grant
them benefits of the Awards.
THE
SET BACK
The
order of the Industrial Court was set aside by the High Court on the ground
that since the employer-employee relationship was disputed the complaint was
not maintainable. This judgment of the
High Court was challenged by the workmen directly before the Supreme Court
instead of filing Letters Patent Appeal before the Division Bench of the High
Court. The Supreme Court refused to
interfere and directed workmen to file Letters Patent Appeal before the High
Court. Upon filing Letters Patent Appeal
Division Bench rejected the same on the ground of limitation. Again workmen approached the Supreme Court,
the Supreme Court condoned the delay and directed the High Court to dispose of
the Letters Patent Appeal expeditiously.
THE RELIEF
The
Division Bench heard the Letters Patent Appeal of the workmen on the matter of
jurisdiction and allowed the same holding that the Industrial Court had
jurisdiction to entertain the case and hence the complaints were maintainable
and remanded the matter to Single Judge for being decided on merits. This order of the Division Bench was
challenged by the Management in Review and failing therein again before the
Supreme Court where the Special Leave Petition of the Management was dismissed
in limini.
THE ORDEAL BEGINS
Thereafter
the matter was heard by Single Judge of the High Court on merits who confirmed
the order of Industrial Court. This
order of the Single Judge was again challenged before the Division Bench
failing there again in the Supreme Court where the matter remained pending
since 12.1.2010 while issuing notice on Management’s Special Leave Petitions
the Supreme Court ordered them to deposit Rs. 20,000/- in each case towards
expenses for the workmen.
THE
RELIEF
That
when the Special Leave Petitions of the Management were so pending, workmen filed
an application before Supreme Court stating that in their vacant posts the
Management has engaged fresh daily wagers to work as Peons and they were being
paid to Rs. 200/- per day as against the amount of Rs. 30/- per day which was
being paid to them. The workmen
volunteered to work at the original rate of Rs. 30/- per day pending decision
in the Special Leave Petitions. The
Bench of the Supreme Court presided over by Hon’ble Mr. J.S. Kehar J., directed
the Management by order dated 7.3.2014 to take there workmen in employment and
pay them regular wages (which came to about Rs.30,000/- per month as against
the willingness of the workmen to work on Rs. 30/- per day).
TRANSFERS BY WAY OF
VICTIMISATION
That
as a result of the order of the Supreme Court when the workmen joined their
duties at Nagpur, they were given transfer orders to Goa, Pune, Bangalore,
Chennai, Hydrabad, and Ahmedabad. The
workers again approached the Supreme Court against this Unfair Labour Practice
and upon hearing the parties, the Supreme Court directed the Management to
allow them to work at Nagpur itself.
That since the appointment letters were given in the name of “Lokmat
Media Pvt. Ltd.” a new Company, the Supreme Court, upon protest by the workmen,
allowed them to join duties under protest without prejudice to their rights in
this regard.
THE GREAT VICTORY
The
matter was finally heard in the Supreme Court on 10.11.2016 and the Supreme
Court confirmed the order of the Industrial Court granting them regularization
and permanency with retrospective effect and to pay them 45% of their back
wages within a period of three months.
It
is indeed inspiring story of 20 long years struggle for justice during which
the workers and their families underwent long and arduous period of sufferings,
deprivation and depression but stood their ground firmly. Presently their salaries are between
Rs.35,000/- and Rs. 37,000/- (which is according to the fixation done by the
management and accepted by us under protest without prejudice to our right to
claim correct wages as cases of reclassification of the newspaper are pending
before Industrial Tribunals at Nagpur) and are of course legitimately proud of
their victory, which has morale boosting effect on the newspaper employees at
large.
The
relevant judgments of Learned Single Judges, Division Bench are available in
the following Law Reports :
1. Lokmat
v. Dnyeshwar Kadu
reported in 2002 (2) BCR 60:2002 (5)
Mh.LJ 457
2. Lokmat
Prop., Lokmat Newspaper Ltd. v. Prabhakar Rambhauji Choudhari
reported in 2003 (4) BCR 391:2003 (2) LLJ
283 :
2003 (1) Mh.LJ 485
3. Fulchand
B. Gedam v. Lokmat
reported in 2006 (6) BCR 28 (DB)
4. Lokmat
Prop., Lokmat Newspaper Ltd. v. Prabhakar R. Choudhari and others.
reported in 2009 (2) BCR 262:2009 (2)
Mh.LJ 369
Shri
S.D. Thakur, Advocate, President All India Newspaper Employees Federation
handled the cases of these workmen throughout upto and including Supreme Court.
With
New Years Greetings to all comrades .
- S. D. Thakur,
Adv.
President, AINEF
Bhawan, 31, Nav Nirman Housing Society,
Rana Pratap Nagar, Nagpur 440 022.
advthakursd@gmail.com (M) 94221 46995
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