Sunday, 07, Jun, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Express Publications (Madurai) ... vs Sundaresan.D
2026 Latest Caselaw 2262 Mad

Citation : 2026 Latest Caselaw 2262 Mad
Judgement Date : 30 April, 2026

[Cites 26, Cited by 0]

Madras High Court

Express Publications (Madurai) ... vs Sundaresan.D on 30 April, 2026

Author: B.Pugalendhi
Bench: B.Pugalendhi
                                                    W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                                                            and 1937 and 1944 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                         Reserved on : 28.11.2025
                                         Pronounced on : 30.04.2026
                                                   CORAM:

                             THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                         W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                     and 1937 and 1944 of 2021
                                                and
                      WMP(MD)Nos.13121, 13122, 13126, 13128, 16017, 16019, 16020
                                 of 2020 and 1663 and 1664 of 2021

                     W.P.(MD)No.15645 of 2020

                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,
                     Thallakulam, Madurai – 2.                       ... Petitioner

                                                       Vs

                     D.Sundaresan                                             ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.652 of 2019 in I.D.No.7 of
                     2019 and quash the same as illegal.
                     1/30




https://www.mhc.tn.gov.in/judis
                                                    W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                                                            and 1937 and 1944 of 2021


                     W.P.(MD)No.15648 of 2020

                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,
                     Thallakulam, Madurai – 2.                       ... Petitioner

                                                       Vs

                     S.Ganapathy                                              ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.651 of 2019 in I.D.No.6 of
                     2019 and quash the same as illegal.

                     W.P.(MD)No.15652 of 2020

                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,
                     Thallakulam, Madurai – 2.                       ... Petitioner

                                                       Vs

                     V.Muthu                                                  ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     2/30




https://www.mhc.tn.gov.in/judis
                                                    W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                                                            and 1937 and 1944 of 2021


                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.623 of 2019 in I.D.No.42
                     of 2016 and quash the same as illegal.


                     W.P.(MD)No.15655 of 2020

                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,
                     Thallakulam, Madurai – 2.                       ... Petitioner

                                                       Vs

                     K.Muthukrishnan                                          ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.566 of 2019 in I.D.No.3 of
                     2016 and quash the same as illegal.


                     W.P.(MD)No.1937 of 2021
                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,

                     3/30




https://www.mhc.tn.gov.in/judis
                                                    W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                                                            and 1937 and 1944 of 2021


                     Thallakulam, Madurai – 2.                               ... Petitioner

                                                       Vs

                     R.Ramadass                                               ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.654 of 2019 in I.D.No.13
                     of 2019 and quash the same as illegal.


                     W.P.(MD)No.1944 of 2021

                     Express Publications (Madurai) Private Limited,
                     (A unit of Express Group of Publications),
                     Rep. By its General Manager,
                     No.12/2, 1st Floor, Gokhale Road,
                     Thallakulam, Madurai – 2.                       ... Petitioner

                                                       Vs

                     A.Ramakrishnan                                           ...Respondent

                     PRAYER: Writ Petition filed under Article 226 of the Constitution
                     of India, praying this Court to issue a Writ of Certiorari, to call for
                     the records relating to the impugned order dated 26.02.2020 passed
                     by the Labour Court, Madurai, in I.A.No.653 of 2019 in I.D.No.12


                     4/30




https://www.mhc.tn.gov.in/judis
                                                         W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020
                                                                                 and 1937 and 1944 of 2021


                     of 2019 and quash the same as illegal.


                                       For Petitioner
                                        in all W.Ps.  : Mr.M.E.Ilango
                                       For Respondent
                                         in all W.Ps. : Mr.T.Sivakumar


                                                  COMMON ORDER


The writ petitioners before this court is the Newspaper

Management. The respondents are workers who were employed

under the writ petitioner Management and have retired from service.

2. The respondents/employees have filed applications before

the Labour Court, Madurai, under Section 17(2) of the Working

Journalists and other Newspaper Employees (conditions of service)

and Miscellaneous Provisions Act, 1955 (hereinafter referred to as

the Act 45 of 1955) that they are entitled for more benefits as per the

recommendations of the Majithia Wage Board and Manisana Wage

Board. The petitioner Management has raised a preliminary issue

before the Labour Court in the applications filed by the

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

respondents/employees that their cadre and category under the Wage

Board and date of promotion are disputed by the petitioner

management and hence,the issue cannot be decided by the Labour

Court while dealing with an application filed under Section 17(2) of

the Act 45 of 1955. Further, the petitioner Management also claims

that the recommendations of the Wage Board is not an award and

therefore, there is no pre-existing right and since the category/ cadre

of the workmen is disputed by the Management, it has to be decided

by raising a separate industrial dispute.

3. The interlocutory applications filed by the Management

raising preliminary objection were rejected by the Labour Court,

Madurai, by the impugned orders dated 26.02.2020 that the Wage

Board's recommendation has been notified by the Government and

the contentions raised by the Management in the interlocutory

applications can also be decided while deciding the applications

filed under Section 17(2) of the Act 45 of 1955. Aggrieved by the

orders of the Labour Court, Madurai, dated 26.02.2020, separate

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

writ petitions have been filed by the Management and all these writ

petitions have been tagged together, since the issue involved in all

these writ petitions is common and therefore, these writ petitions are

disposed of by way of this common order.

4. The main contentions of the petitioner Newspaper

Management are summarized as follows:

(i) The claims are being made by the respondents/workmen

from the year 1998 onwards and the respondents/workmen have

already been paid with benefits at the time of their superannuation.

Therefore, the present claims have been made by the

respondents/workmen with delay and such claims cannot be

entertained by the Labour Court.

(ii) The claims made by the workmen that they belong to a

higher cadre/ category cannot be decided under Section 17(2) of the

Act. Section 17(2) of the Act is akin to an execution petition filed

under Section 33(C)(2) of the Industrial Disputes Act. The scope of

such an application is limited and the Labour Court cannot decide on

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

matters regarding the entitlement or right to a higher grade or post.

In order to establish the same, an industrial dispute ought to be

raised under Section 10 of the Industrial Disputes Act. Only in such

an industrial dispute, the nature of work performed and higher scale

of pay can be decided.

(iii) The recommendations of the Wage Board constituted

under the Act 45 of 1955 cannot be considered to be an award or a

pre-existing right, as the Wage Board only recommends the grouping

of newspaper employees in a particular grade and the scale of pay

for that grade.

5. The learned counsel appearing for the petitioner

Management has also relied on the following Judgments in support

of his contention that the scope of execution petitions is limited in

nature:

(i) Keshavlal M Rao vs. State of Gujarat and others, reported in (1993) 1 GLR 1.

(ii) K.S.Natrajan vs. The Presiding Officer

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

(W.P.No.23929 of 2006 dated 09.02.2010).

(iii) Superintending Engineer, Tamil Nadu Electricity and Distribution Corporation Limited, Tiruvannamalai Electricity Distribution Circle vs. N.Venkatachalam and another, reported in 2020 III LLJ 523 (Mad).

6. The contentions of the respondents/employees are

summarized as follows:

(i) Section 12 of the Act 45 of 1955 empowers the Central

Government to make an order in terms of the recommendations of

the Wage Boards constituted under the Act and publish the same in

the Official Gazette.

(ii) In exercise of the powers under the Act, the Central

Government has notified the Majithia Wage Board recommendations

with effect from 11.11.2011 and the respondents/workmen were in

the service of the Newspaper Management during the relevant

period. Therefore, they are entitled to be paid wages at the rate

specified by the notification and have raised claims under Section

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

17(2) of the Act.

(iii) As per Section 13 read with Section 13D of the Act, the

respondents/workmen are entitled to be paid wages at the rate

specified by the notification and hence, there is no requirement for a

separate adjudication under the Industrial Disputes Act.

7. The learned counsel for the respondents/employees, by

relying on the judgments of the Hon'ble Supreme Court in ABP

Private Limited and another vs. Union of India reported in 2014

(3) SCC 327 and Avishek Raja vs. Sanjay Gupta reported in 2017 8

SCC 435, submits that the Labour Court can decide the issues raised

by the employees in the applications filed under Section 17(2) of the

Act 45 of 1955.

8. This Court considered the rival submissions made and also

perused the materials placed on record.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

9. Considering the conditions of employment of the working

journalists, the Press Commission has recommended the

Government to bring in a legislation to improve the service

conditions of the journalists and other employees working in the

newspaper establishments. In line with the same, the Central

Government has notified Act 45 of 1955 on 20.12.1955 with the

object of improving the service conditions of the employees of the

Newspaper Establishments. This Act enables the Central

Government to constitute Wage Boards to determine the wages and

other allowances payable to the working journalist and non-

journalist newspaper employees. So far, six Wage Boards have been

constituted under Act 45 of 1955. The claim of the

respondents/employees are based on the recommendations of the

Majithia Wage Board which was constituted under Act 45 of 1955.

10. In all these cases, the respondents/employees served as

non-journalist newspaper employees such as Keyboard Operator and

Senior Pack Man in the petitioner Management and they have retired

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

from service in between 2012 and 2016. They filed applications

before the Labour Court, Madurai, claiming arrears of wages and

benefits as recommended by Majithia Wage Board which was

notified on 11.11.2011. The petitioner management has filed

interlocutory applications raising a preliminary issue in the year

2019, when the Labour Court was about to dispose the applications

filed by the workmen.

11. The main contention of the petitioner Management is that

there is a dispute with regard to the entitlement of the employees

depending on the nature of work, category and cadre of the

employees and therefore, the same has to be decided by raising an

industrial dispute under Section 10 of the Industrial Disputes Act

1947. Only after the same is determined, they are entitled to file

applications under Section 17(2) of the Act 45 of 1955. According to

the learned counsel for the petitioner Management, the provision

under Section 17(2) of the Act 45 of 1955 is akin to an execution

petition filed under Section 33-C(2) of the Industrial Disputes Act,

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

the recommendations of the Wage Board notified by the Central

Government is not an award and therefore, there is no pre-existing

right to the employees to maintain the applications under Section

17(2) of the Act 45 of 1955 to execute the award.

12. The Wage Board is constituted by the Central Government

in terms of the statutory powers conferred under Section 9 and 13C

of the Act 45 of 1955. A separate wage board has been constituted

for the working journalists under Section 9 of Act 45 of 1955 and for

the non-journalists newspaper employees under Section 13C of Act

45 of 1955. The wage board is determining the benefits payable by

considering the financial capacity of newspaper establishments, the

prevailing wage structures in comparable industries, the cost of

living, regional disparities, and the need to ensure a fair and

reasonable standard of living for the employees. The Wage Board

consists of three persons representing employers/newspaper

establishments and three persons representing working journalists

and four independent persons, one of whom shall be a Judge of a

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

High Court and Supreme Court, who shall be appointed by the

Government as the Chairman of the Committee. The 6th Wage Board

was headed by Justice G.R.Majithia, a retired High Court Judge. The

Wage Board, after elaborate discussions and consultations with

stakeholders made its recommendations to the Government under

Section 10 of the Act and the same was notified by the Government

of India on 11.11.2011. As per the notification, the grouping of

Working Journalists in Newspaper Establishments is provided under

Schedule I-A, the grouping of Non-Journalist Newspaper

Employees- Administrative Staff is provided under Schedule II and

the grouping of Non-Journalist Newspaper Employees- Factory

Staff is provided under Schedule III.

13. The Newspaper Establishments/Managements have

challenged the constitutional validity of the recommendations made

by Majithia Wage Board before the Hon'ble Supreme Court. A three-

Judge Bench of the Hon'ble Supreme Court in ABP Private Ltd. and

another vs. Union of India reported in 2014 (3) SCC 327, dismissed

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

all the writ petitions filed by the Management, by its judgement

dated 07.02.2014 and has held that the recommendations of the

wage board are valid in law, based on genuine and acceptable

consideration and issued directions for payment of arrears to eligible

persons from 11.11.2011 onwards. The relevant portion of the

judgment is extracted as under:

“73. Accordingly, we hold that the recommendations of the Wage Boards are valid in law, based on genuine and acceptable considerations and there is no valid ground for interference under Article 32 of the Constitution of India. Consequently, all the writ petitions are dismissed with no order as to costs.

74. In view of the our conclusion and dismissal of all the writ petitions, the wages as revised/determined shall be payable from 11.11.2011 when the Government of India notified the recommendations of the Majithia Wage Boards. All the arrears up to March 2014 shall be paid to all eligible persons in four equal instalments within a period of one year from today and continue to pay the revised wages from April 2014 onwards.”

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

14. The Hon'ble Supreme Court has also clarified the

enforceability of the recommendations of the wage board in Bennett

Coleman & Co. Ltd. vs. State of Bihar reported in (2015) 11 SCC

204 and the relevant portion is extracted as under:

“16.......The recommendations of the Wage Board are, thus neither an award nor a settlement in terms of the provisions under the ID Act. It is not passed by the Labour Court or the Industrial Tribunal or the National Industrial Tribunal and it is not an arbitration award in terms of Section 10-A of the ID Act. It is not a settlement in terms of Section 2(p) of the ID Act. It is not an agreement between the parties. Its enforceability, being a recommendation, depends on the order passed by the Central Government. The Central Government has passed that order by issuing Annexure P-1 notification. If the same is not complied with, as we have already referred the above, the remedies lie under Section 17 for recovery or under Section 18 for penalty and not under the provisions of the ID Act.

.....

19. A bare reading of the provision would show

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

that the same provides for exercise of the powers of the Tribunal by the Wage Board in the process of making its recommendations in regulating its procedure. The provision does not make Wage Board a tribunal. The Tribunal under the ID Act does not make recommendations, it passes award; whereas the Wage Board under the working Journalists Act is competent only to make a recommendation in terms of Section 10 and after the notification of the recommendations by the Central Government if there is any dispute regarding any amount due under the notification, a dispute is raised under Section 17(2) of the Working Journalists Act and thereafter, an award is passed by the Labour Court.”

15. Therefore, it is clear that the recommendations of the Wage

Board as notified by the Central Government and as affirmed by the

Hon'ble Supreme Court are legally recognised entitlements and the

employees have a right to be paid wages as per these

recommendations.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

16. Even after the judgment of the Hon'ble Supreme Court in

ABP Private Ltd (cited supra), the recommendations of the Wage

Board were not implemented by the Newspaper Establishments and

therefore, one Avishek Raja and others have approached the Hon'ble

Supreme Court by way of a contempt petition in Contempt Petition

(Civil) No.411 of 2014 and the Hon'ble Supreme Court, by its

interim order dated 28.04.2015 has directed all the States to appoint

Labour Inspectors under Section 17 of the Act so as to determine

whether the dues and entitlements to all categories of newspaper

employees have been implemented and the relevant portion is

extracted as under:

“All the State Governments acting through their respective Chief Secretaries shall, within four weeks from today, appoint Inspectors under Section 17(b) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 to determine as to whether the dues and entitlements of all categories of Newspaper Employees including Journalists under the Majithia Wage Board award has been implemented in

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

accordance with the terms thereof. The inspectors appointed by the State Government will naturally exercise their powers as provided under the Act and shall submit their report to this Court through the Labour Commissioners of each State indicating the precise findings on the issue indicated above. This will be done within a period of three months from the date of appointment under Section 17(b) of the Act.”

17. Thereafter, the Hon'ble Supreme Court has finally disposed

of the contempt petition on 19.06.2017 in Avishek Raja vs. Sanjay

Gupta reported in (2017) 8 SCC 435 by directing that all the

complaints with regards to non-implementation of the Wage Board

recommendations should be dealt with as per the mechanism under

Section 17 of the act and the relevant portion is extracted as under:

“29. Having clarified all doubts and ambiguities in the matter and upon holding that none of the newspaper establishments should, in the facts of the cases before us, be held guilty of commission of contempt, we direct that henceforth all complaints with regard to non-implementation of the Majithia

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

Wage Board Award or otherwise be dealt with in terms of the mechanism provided under Section 17 of the Act. It would be more appropriate to resolve such complaints and grievances by resort to the enforcement and remedial machinery provided under the Act rather than by any future approaches to the courts in exercise of the contempt jurisdiction of the Courts or otherwise.”

18. The Act 45 of 1955 was enacted by the Government of

India in order to improve the service conditions of the working

journalists and non-journalist newspaper employees and to regulate

their service conditions along with their benefits, gratuity, provident

fund, minimum hours of work and minimum wages payable to them.

Section 2(eee) of Act 45 of 1955 defines the “wages” as under:

“2(eee)-“wages” means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied, were fulfilled, be payable to a newspaper employee in respect of his employment or of work done in such employment, and includes -

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

(i) such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to;

(ii) the value of any house accommodation, or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or other articles;

(iii) any travelling concession, but does not include-

(a) any bonus;

(b) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the newspaper employee under any law for the time being in force;

(c) any gratuity payable on the termination of his service.

Explanation. - In this clause, the term “wages” shall also include new allowances, if any, of any description fixed from time to time.]”

19. The Wage Board has been constituted as per Sections 9

and 13-C of the Act 45 of 1955, headed by a retired High Judge

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

along with the representatives of the Management. All the issues

raised by the petitioner Management were also considered by the

Wage Board by calling for representations from relevant

stakeholders as required under Section 10 of the Act. The

recommendations of the Wage Board was accepted and notified by

the Central Government on 11.11.2011, however, it was not

implemented by the Newspaper Managements till 2017 by filing

various applications before the Hon'ble Supreme Court. The

Hon'ble Supreme Court has settled the issue on 07.02.2014 in ABP

Private Ltd.'s case (cited supra), and held that the wages as

revised/determined as per the Wage Board recommendation shall be

payable from 11.11.2011. Further, the Hon'ble Supreme Court, by

way of interim orders in Contempt Petition (Civil) No.411 of 2014

and by final order dated 19.06.2017, has directed that the claim with

regard to non-implementation of Wage Board recommendation has

to be dealt with under Section 17(2) of the Act. Therefore, the

respondents/employees have approached the State Government

seeking the benefits to which they are legally entitled as per the

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

Wage Board's recommendations and their applications were referred

by the Government of Tamil Nadu under Section 17(2) of Act 45 of

1955 to the Labour Court, Madurai only as per the judgments of the

Hon'ble Supreme Court and the same cannot be found fault with.

20. The Management has also taken a ground that the

respondents/employees retired from service in between 2012 to 2016

and that they have claimed the benefits belatedly and therefore, their

claims should be rejected on the ground of delay and laches. This

ground has also been rejected by the Labour Court that there is no

delay and laches and it is in fact the petitioner Management that has

filed these applications belatedly after three years of the dispute,

particularly, when the main case was about to be disposed and

therefore, the Labour Court has imposed a cost of Rs.2500/- on the

Management while dismissing the interlocutory applications.

21. The learned counsel for the petitioner Management by

referring to some of the Judgments passed by the Madras High Court

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

and other High Courts has also argued that the provision under

Section 17(2) of the Act is akin to Section 33-C of the Industrial

Disputes Act and is in the nature of an execution proceedings and

therefore, the claim of the employees cannot be decided by the

Labour Court. In view of the said contention, it would be relevant to

extract Section 17(2) of the Act 45 of 1955 and Section 33-C (2) of

the Industrial Disputes Act 1947 for easy reference, as under:

“Section 17 of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955- Recovery of money due from an employer:

(1) .....

(2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947) or under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law.

33-C of Industrial Disputes Act- Recovery of money due from an employer:

(1) ........

(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour court as may be specified in this behalf by the appropriate Government[within a period not exceeding three months:] [Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.]”

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

22. The Hon'ble Supreme Court in All India Reporter

Karmachari Sangh vs. All India Reporter Ltd., reported in AIR

1988 SC 1325, has held that the Working Journalists and Other

Newspaper Employees (Conditions of Service) and Miscellaneous

Provisions Act is a beneficial legislation which is enacted for the

purpose of improving the conditions of service of the employees of

the newspaper establishments and hence, even if it is possible to

have two opinions on the construction of the provisions of the act,

the one which advances the object of the Act and is in favour of the

employees for whose benefit the Act is passed, has to be accepted.

Therefore, even assuming for the sake of argument that the

proceedings under Section 17(2) of the Act is akin to execution

proceedings, it would be relevant to refer to the decision of the

Hon'ble Supreme Court in Central Bank of India Ltd. vs.

P.S.Rajagopalan reported in AIR 1964 SC 743, wherein it was held

that the Labour Court can decide the incidental issues while deciding

an execution application under Section 33-C(2) of the Industrial

Disputes Act. The relevant portion is extracted as under:

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

“In our opinion, on a fair and reasonable construction of sub-section (2) it is clear that if a workman's right to receive the benefit is disputed, that may have to be determined by the Labour Court. Before proceeding to compute the benefit in terms of money the Labour Court inevitably has to deal with the question as to whether the workman has a right to receive that benefit. If the said right is not disputed, nothing more needs to be done and the Labour Court can proceed to compute the value of the benefit in terms of money; but if the said right is disputed, the Labour Court must deal with that question and decide whether the workman has the right to receive the benefit as alleged by him and it is only if the Labour Court answers this point in favour of the workman that the next question of making necessary computation can arise ..........The claim under Section 33C clearly postulates that the determination of the question about computing the benefit in terms of money may, in some cases, have to be preceded by an enquiry into the existence of the right and such an enquiry must be held to be incidental to the main determination which has been assigned to the Labour

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

Court by sub-section (2).”

23. Applying the ratio laid down in the above judgment, the

determination of cadre, grade of employees and the nature of work

can also be determined by the Labour Court, while dealing with an

application under Section 17(2) of the Act 45 of 1955. Moreover, it

is pertinent to note that the Hon'ble Supreme Court in Avishek

Raja's case (cited supra) has held in categorical terms that all the

complaints and grievances with regards to the non-implementation

of the Majithia Wage Board Recommendation should be dealt with

in terms of the mechanism provided under Section 17 of the Act and

not otherwise. Therefore, the Labour Court has the jurisdiction to

deal with the claims of the respondents/ employees and the issues

raised by the petitioner management under Section 17(2) of Act 45

of 1955.

24. In light of the above discussion, this court is of the opinion

that there is no infirmity with the impugned orders of the Labour

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

Court, Madurai and all these writ petitions are liable to be dismissed.

This Court is also of the view that the interlocutory applications

were filed by the petitioner Management at the fag-end of the

proceedings in order to deny the benefits to the

respondents/workmen and to delay the claim process and the

Management has succeeded in delaying the process for the past ten

years. Therefore, this Court, while dismissing the writ petitions, is

inclined to impose a cost of Rs.25,000/- on each writ petition.

25. Accordingly, all the writ petitions are dismissed with a

cost of Rs.25,000/- each, payable to the credit of Tamil Nadu Labour

Welfare Fund. Consequently, connected miscellaneous petitions are

closed.

30.04.2026 ogy Index : Yes / No. Internet : Yes / No. NCC : Yes / No.

https://www.mhc.tn.gov.in/judis W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

B.PUGALENDHI, J.

ogy

Pre-delivery common order in W.P.(MD)Nos.15645, 15648, 15652 and 15655 of 2020 and 1937 and 1944 of 2021

30.04.2026

https://www.mhc.tn.gov.in/judis

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : MAIMS

 
 
Latestlaws Newsletter