Delhi High Court
Ht Media Limited vs Deputy Labour Commissioner & Anr. on 20 February, 2018
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Judgment: 20.02.2018
+ W.P. (C) 11109/2015 & CM No. 28778/2015
HT MEDIA LIMITED ..... Petitioner
Through: Mr.Rajshekhar Rao, Advocate
with Mr.Nakul Sachdeva and Mr.Ankit
Rajgarhia, Advocates.
versus
DEPUTY LABOUR COMMISSIONER & ANR... Respondents
Through: Mr.Sanjoy Ghose, ASC for R-1
with Ms.Urvi Mohan, Advocate.
Mr.Umesh Sharma, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
VINOD GOEL, J. (ORAL)
1. By this writ petition filed under Article 226 of the Constitution
of India, the petitioner, which is a newspaper establishment,
seeks quashing of the summon bearing
No.18/WJA/DLC/NDD/2015/3452 dated 16.11.2015 issued to
them by the Deputy Labour Commissioner/respondent no.1.
2. The respondent no.2 had approached the respondent no.1 to
give him benefit of Majithia Wage Board Award
recommendations which were accepted by the Central
Government on 11.11.2011.
3. Learned counsel for the petitioner submits that the petitioner
had to invoke the jurisdiction of this court as the petitioner
establishment had an apprehension that the respondent no.1
intends to assume the jurisdiction to adjudicate the issue
involved between the parties under Section 17 (1) of the
Working Journalists & Other Newspaper Employees (Condition
of Service and Miscellaneous Provisions) Act, 1955 (in short
„Working Journalists Act‟) instead of making a reference by the
Government of NCT of Delhi under Section 17 (2) of the
Working Journalists Act to the Labour Court in accordance with
the law.
4. Learned counsel for the petitioner relies upon an order dated
13.10.2017 of the Hon'ble Supreme Court in Contempt
Petition (C) 411/2014, wherein the Hon‟ble Supreme Court has
passed the following order:-
"1. Upon hearing the learned counsel for the
applicant we clarify our Judgment dated 19.06.2017 to
mean that dispute(s) referred for adjudication under
Section 17 (2) of the Working Journalists and Other
Newspaper Employees (Conditions of Service) and
Miscellaneous Provisions Act, 1955 will be disposed
of by the concerned Labour Court/Industrial Tribunal
as expeditiously as possible, preferably, within six
months of the reference being made.
2. With the aforesaid clarification the
miscellaneous application is disposed of."
5. He also relies upon another order of the Hon'ble Supreme
Court dated 04.10.2016 in the said Contempt Petition
No.411/2014 in W.P. (C) 246/2011 and the relevant para of the
order reads as under: -
"In all cases where there is a dispute with regard to the
amount payable, we direct the State Governments to
act under the provisions of Section 17(2) of the
Working Journalists and Other Newspaper Employees
(Conditions of Service) and Miscellaneous Provisions
Act, 1955. The concerned Labour Court will finalize
its award expeditiously and send the same to the State
Government for due execution."
6. Learned counsel for the petitioner submits that the petitioner
establishment has been directed by the impugned notice to
produce its evidence and documents in support of his defence.
7. Per contra, learned counsel for the respondents submit that it
was merely a summon on the application by the respondent no.2
and no formal order has been passed by the respondent no.1
hence, the petition is not maintainable merely on the basis of a
summon issued by the respondent no.1.
8. At this stage, with the consent of the parties, this writ petition is
disposed of in the following terms: -
(a) that the petitioner shall appear before the Deputy Labour
Commissioner under Working Journalists Act with a
representation along with the copies of relevant
documents within four weeks;
(b) The Deputy Labour Commissioner shall decide the
grievances/representations of the petitioner in accordance
with law expeditiously.
9. In view of the above, CM 28778/2015 also stands disposed of.
(VINOD GOEL)
JUDGE
FEBRUARY 20, 2018
"shailendra"
