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The bench famous that the Working Journalists Act, 1955 has already established a mechanism for dispute decision underneath the Industrial Disputes Act | Photograph: Wikipedia
Working journalists don’t fall within the definition of staff underneath the Maharashtra Recognition of Commerce Unions and Prevention of Unfair Labour Practices Act as they get pleasure from a particular standing, the Bombay Excessive Court docket has stated.
Consequently, a criticism filed by a working journalist underneath these Acts earlier than an industrial courtroom wouldn’t be maintainable, a division bench of Justices Nitin Jamdar and Sandeep Marne stated in its order of February 29.
They get pleasure from a particular standing underneath provisions of the Working Journalists Act and have a recourse to settle their disputes underneath the Industrial Disputes Act, the HC stated.
The judgement got here on petitions filed by two working journalists difficult orders of the economic courtroom in 2019 rejecting their complaints on the bottom that working journalists didn’t fall throughout the time period of worker or workman underneath the Prevention of Unfair Labour Practices Act.
The bench famous that the Working Journalists Act, 1955 has already established a mechanism for dispute decision underneath the Industrial Disputes Act.
Whereas dismissing the petitions, the HC famous stated working journalists represent a distinct class with distinctive privileges and protections of their employment underneath the Working Journalists Act.
“If there isn’t any distinction between the working journalist and workmen then IT can’t be that the working journalist retains particular privileges whereas they’re denied to different workmen together with non-working journalists,” the excessive courtroom stated.
“The scheme of the Working Journalists Act would show a particular standing conferred on the working journalists. The Working Journalists Act was enacted to confer a particular standing on the working journalists and the disputes have to be settled in line with the provisions of the Industrial Disputes Act,” the HC stated.
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First Printed: Mar 06 2024 | 11:49 AM IST