Court : Kerala
Reported in : (2006)ILLJ521Ker
..... they are aggrieved by the judgment of the learned single judge holding that last part of section 5(1)(a)(i) of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short 'working journalists act') be read down and disciplinary action mentioned in the sub-section be considered to mean only disciplinary action for riotous or disorderly conduct or any other act of violence on the part of the employee or any act which constitutes an offence involving moral turpitude during the course of his employment.2. ..... chapter ii-a deals with non-journalist newspaper employees. ..... working journalists have been dealt with in chapter ii of the said act. ..... so also persons who have been included in chapter ii-a deals with non-journalists falling under section 2(f) are concerned, all the provisions of chapter ii would apply which takes in section 5 as well ..... separate provision has been enacted in chapter ii of the act not only with regard to payment of gratuity but with regard to the hours of work, leave, fixation of revision of rates of wages and also for establishing wage board and other related matters.9. ..... provisions of chapter ii including section 5 would not apply to that ..... chapter ii (sic) of the act deals with powers and procedure of the board and section 10 deals with recommendation by the board ..... chapter iii deals with hours of work. ..... chapter iv deals with holidays and chapter v leave ..... definition clause 2(f) will not fall under chapter ii. .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(3)BomCR81; (1991)ILLJ591Bom
..... is the case in respect of the recommendations of the wage board of working journalists under the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (no. ..... 1958) and the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (no. ..... references were made by the government of maharashtra under section 10(1)(d) of the industrial disputes act, 1947 read with section 3(1) of the working journalists (conditions of service) and miscellaneous provisions act, 1955 for adjudication of the industrial dispute stipulated therein between nava bharat, a hindi daily, and their workmen. ..... of the recommendations, it was contended that every working journalists (conditions of service) and miscellaneous provisions act, 1955 (hereinafter referred to as 'act no. ..... 3883 dated 27th october, 1987 in terms of the recommendations as contained in chapter iv of the report and further directed that the said order shall come into operation on the dates specified in paragraph 4.32 read with paragraph ..... 1257, dated 25th may, 1959 in terms of the recommendations of the committee contained in chapter iii of its report subject to modifications mentioned in the order itself in exercise of the powers conferred by section 6 of the act (no. ..... direction was also issued by the central government that the said order shall come into operation the dates specified in paragraph 30 read with paragraph 41 of chapter iii. .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)ILLJ591Bom
..... similar is the case in respect of the recommendations of the wage board for working journalists under the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (no. ..... of 1958) and the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (no. ..... two references were made by the government of maharashtra under section 10(l)(d) of the industrial disputes act, 1947 read with section 3(1) of the working journalists (conditions of service) and miscellaneous provisions act, 1955 for adjudication of the industrial dispute stipulated therein between nava bharat, a hindi daily, and their workmen. ..... parties are governed by the working journalists (conditions of service) and miscellaneous provisions act, 1955 (hereinafter referred to as 'act no. ..... 3883 dated 27th october, 1987 in terms of the recommendations as contained in chapter iv of the report and further directed that the said order shall come into operation on the dates specified in paragraph 4.32 read with paragraph ..... 1257, dated 25th may, 1959 in terms of the recommendations of the committee contained in chapter iii of its report subject to modifications mentioned in the order itself in exercise of the powers conferred by section 6 of the act (no. ..... direction was also issued by the central government that the said order shall come into operation on the dates specified in paragraph 30 read with paragraph 41 of chapter iii. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4347
..... the service conditions of employees employed in the newspaper undertakings are governed by wage board award of wage boards constituted by the central government from time to time under the provisions of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short, 'the working journalists act'). ..... under section 17(1) of the working journalists act, a newspaper employee or his heir can make an application to the state government for the recovery of the amount due to the employee and if the state government is satisfied that the amount is so due, it shall issue a certificate for that amount to the collector, and the collector has to proceed to recover that amount in the same manner as an arrear of land revenue, and if any dispute arises as to the amount due then the state government may on its own motion ..... the service conditions offered by respondent 5 are very poor and not comparable to other newspaper establishments. ..... there is also no dispute about the fact that pursuant to the relevant provisions of the working journalists act, the central government constituted wage boards. ..... classes of newspaper establishments:newspaper establishments shall be classified under the following classes on the basis of their gross revenue as per para (a) of this chapter.class gross revenueib rs. ..... clause 1(a) of the chapter/section ii of the said award lays down the manner in which the establishment is to be classified. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR5414; 2005(6)KarLJ69; (2006)ILLJ513Kant
..... the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short hereinafter referred to as 'the act') was enacted to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments. ..... once the recommendation is made under section 12 of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955, the same is binding on the government and they are bound to give effect to the same notwithstanding what is contained in the standing orders ..... it may, however, be mentioned that if need be the government may incorporate this provision in the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act by undertaking the necessary amendment. ..... regard to the object with which the act was passed and the various provisions contained therein it is amply clear that the act deals with only fixation and revision of pay scales of working journalists and other newspaper employees. ..... section 15 of the act extends the provisions of employees' provident funds and miscellaneous provisions act, 1952 to the newspaper establishment. ..... chapter ii of the act deals with certain conditions of service of the working journalists. ..... chapter iii deals with application of certain acts to newspaper employees. ..... chapter ii-a of the act deals with similar conditions of service of non-journalist newspaper employees. .....
Tag this Judgment!Court : Chennai
Reported in : (1957)IILLJ275Mad
..... ii and in particular by section 6 of the working journalists (conditions of service and miscellaneous provisions) act (45 of 1955), to which i shall hereafter refer as the act.2. ..... while things were in this state, the working journalists (conditions of service and miscellaneous provisions) act (act 45 of 1955) was passed which received the assent of the president on 20 december 1955 when it came into force. ..... its preamble recited that it was enacted 'to regulate certain conditions of service of working journalists and other persons employed in newspaper establishments. ..... ii of the working journalists (conditions of service and miscellaneous provisions) act.8. ..... in all other instances, he would not be counted as a journalist but as a member of the press staff coming within the purview of the factories act.learned counsel urged that the proofreaders who were included in the definition in section 2(f) were that class of proofreaders whom the press enquiry commission were inclined to treat as working' journalists and that the other proofreaders were ' newspaper employees' other than 'working journalists. ..... ' chapter ii of the act laid down special provisions in relation to 'working journalists. ..... ' section 3(1) with which this chapter opens enacted:3. .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)538; 65(1997)DLT587; (1997)ILLJ1230Del
..... salivateswaran and another, : (1958)illj527sc scope of section 17 of the working journalists (conditions of service and miscellaneous provisions) act, 1955 came up for ..... that section reads as under:- 'where any money is due to a newspaper employee from an employer under any of the provisions of this act, whether by way of compensation, gratuity or wages, the newspaper employee may, without prejudice to any other mode of recovery, make an application to the state government for the recovery of the money due to ..... (20) bearing in mind the legislative history as discernable from the aforesaid provisions we will now consider the scope of section 33-c(1) to determine whether the appropriate government has any power of adjudication in case of bonafide dispute between employer and workman on the aspect of settlement or award or applicability of chapter v-a or v-b and the extent of such a power, in case we come to the conclusion that adjudication is permissible while exercising power under section ..... this section, interalia, provides that where any money is due to a workman from an employer under a settlement or an award or under the provisions of chapter v-a or v-b the workman may without prejudice to any other mode of recovery make an application to the appropriate government for the recovery of the money due to him and if the appropriate government is satisfied that any money is so due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in .....
Tag this Judgment!Court : Rajasthan
Reported in : (1966)ILLJ381Raj
..... consider section 17 of the working journalists (conditions of service and miscellaneous provisions) act, 1955. ..... newspaper employee from an employer under any of the provisions of this act, whether by way of compensation gratuity or wages, the newspaper employee may, without prejudice to any other mode of recovery, make an application to the state government for the recovery of the money due to him, and if the state government or such authority as the state government may specify in this behalf is satisfied that any money is so due, it shall issue a certificate for that amount to the collector and ..... --(1) where any money is due to a workman from an employer under a settlement or an award or under the provisions of chapter v-a, the workman may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government is satisfied that any money is so due, it shall issue a certificate for that amount to the collector who shall proceed to recover the same in ..... fact that the words used in section 25f(b) are mandatory and their effect is plain and unambiguous it seems to us that the court of appeal was right in holding that section 25i covered cases of recovery of monies other than those specified in section 25f(b), and it is obvious that there are several other cases in which monies become due from the employers to the employees under chapter v, it is for the recovery of these monies that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1950; [2004(101)FLR198]; JT2004(3)SC510; (2004)IILLJ356SC; 2004(3)SCALE187; (2004)11SCC526; 2004(2)SLJ465(SC)
..... to appreciate the challenge in question, it is also necessary to examine certain provisions of the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (for short, 'the working journalists act').11. ..... chapter ii of the working journalists act, inter alia, deals with conditions of service of working journalists, incorporating therein special provisions in respect of certain cases of retrenchment, payment of gratuity, hours of work, leave, fixation or revision of rates of wages, constitution of a wage board, ..... 4th december, 1956 issued by the central government, chapter x was inserted in the scheme incorporating therein special provisions in the case of newspaper establishments and newspaper employees. ..... chapter iia, inter alia, provides for fixation or revision of rates of wages of non-journalist newspaper employees, constitution of wage board for fixing or revising their rates of wages, constitution ..... 1955, come into force on the 31st day of december, 1956 and be subject to the modifications mentioned below:(1) in chapters i to ix, references to 'industry', 'factories' and 'employees' shall be construed as references to 'newspaper industry', 'newspaper establishments' and 'newspaper employees', respectively:(2) 'excluded employee' means,-- (i) an employee who, having been a member of the fund, has withdrawn the full amount of his accumulations in the fund under clause (a) or (c) of sub-paragraph (1) of paragraph 69;(ii) an .....
Tag this Judgment!Court : Kerala
Reported in : (1989)IILLJ493Ker
..... in that case the supreme court upheld the validity of sub-clauses (1) and (2) of section 5(1)(a) of the working journalists and other newspaper employees' (conditions of service) and miscellaneous provisions act, 1955. ..... - (1) the contribution which shall be paid by the employer to the fund shall be eight percent of the wages for the time being payable to each of the employees and employees' contribution shall be equal to the contribution payable by the employer in respect of him;provided that nothing in this sub-section shall apply to a motor transport undertaking to which the provisions of the employees' provident funds and miscellaneous provisions act, 1952 (central act 19 of 1952), apply. ..... (3) where the amount of any contribution payable under this act involves a fraction of a rupee, such fraction shall be rounded off to the nearest rupee, half of a rupee or quarter of a rupee.the proviso to sub-section (1) of section 4 excludes from its operation motor transport undertakings to which the provisions of the employees provident funds and miscellaneous provisions act, 1952 (central act 19 of 1952) apply. ..... the rate of contribution payable under the employees' provident funds and miscellaneous provisions act, 1952 at the time when the state act came into force was only 6% of the basic wages, dearness allowance and retaining allowance payable to the employee. ..... the accounts are to be maintained and audited as provided for in chapter x of the scheme.15. .....
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