पत्रकारों के लिए गठित मजीठिया वेज बोर्ड मामले में उच्चतम न्यायालय ने 14 मार्च को हुई सुनवाई में काफी सख्त रवैया अपनाते हुए यह कहा कि जिन राज्यों ने अभी तक मजीठिया मामले में अपनी कार्यवाही का ब्योरा जमा नहीं किया है वो 5 जुलाई तक कर दें अन्यथा उस राज्य के मुख्य सचिव 12 जुलाई को अदालत के सामने पेश होंगे। अदालत ने यह भी कहा कि जिन लोगों की अर्जी अब लगाई गयी है वो अब श्रम अधिकारियों के समक्ष अपना मामला पेश करें। सभी लोग अब चाहें तो धारा 17(1) के तहत अपने मजीठिया लाभ का दावा पेश करें। जिन लोगों ने 20 (j) पर भी हस्ताक्षर किया है वो भी इस बात का उल्लेख करते हुए अपनी शिकायत इंस्पेक्टर के सामने लगाएं। सभी कर्मचारी गण चाहे तो लेबर इंस्पेक्टर के सामने सम्मिलित रूप से किसी यूनियन द्वारा शिकायत लगाएं। यह जरूरी नहीं है कि सभी कर्मचारी उस शिकायत पर दस्तखत करें। शिकायत का प्रारूप इस मामले में भड़ास के यशवंत सिंह के सौजन्य से देश भर के पत्रकारों और समाचार पत्र कर्मियों की लड़ाई लड़ रहे अधिवक्ता उमेश शर्मा की ओर से पत्रकारों और समाचार पत्र कर्मियों के लिए दे रहे हैं। इसे डाउनलोड कर सकते हैं। यूनियन और कर्मचारी इस बात की भी शिकायत कर सकते हैं कि प्रबंधकों ने उनसे जबदस्ती 20 (J) पर दस्तखत करवाया है और इसे अमान्य समझा जाये, साथ ही इसके लिए प्रबंधकों के खिलाफ कार्यवाही की जाये। जो लोग सेवानिवृत हो चुके हैं, त्यागपत्र दे चुके हैं, जिनकी मृत्यु हो चुकी है, उनके बच्चे इस लाभ के हक़दार हैं और उनसे भी संपर्क कर उन्हें साथ लिया जाना चाहिए ताकि सभी लोग संगठित रह सकें और प्रबंधको को एक किनारे कर सकें। शिकायत का प्रारूप प्राप्त करने के लिए नीचे क्लिक करें :
Before the Labour Commissioner/Deputy Labour Commissioner/Assistant Labour Commissioner, District:----------------
Sub: Compliance of the orders dated 28/4/2015 passed by the Hon’ble Supreme Court of India in CCP NO. 128/2015 & 129/2015 alongwith bunch of other such cases regarding non implementation of the Majithia Wage Board notification dated 11/11/11 issued by Central Government and affirmed by the Supreme Court of India vide its orders dated 7/2/2014.
Name & address of the management:
Sir,
1.The management named above is a newspaper establishment, the employees of the establishment are entitled to the benefits of the Majithia Wage Board notification w.e.f. 11/11/11 as notified by the Central Government .
3. Hon’ble Supreme Court of India has also issued specific directions for the release of the aforesaid benefits vide its orders dated 7/2/2014 in WRIT PETITION (CIVIL) NO. 382 OF 2011, WRIT PETITION (CIVIL) NO. 384 OF 2011,WRIT PETITION (CIVIL) NO. 386 OF 2011,WRIT PETITION (CIVIL) NO. 408 OF 2011,WRIT PETITION (CIVIL) NO. 510 OF 2011,WRIT PETITION (CIVIL) NO. 538 OF 2011,WRIT PETITION (CIVIL) NO. 514 OF 2011,WRIT PETITION (CIVIL) NO. 546 OF 2011,WRIT PETITION (CIVIL) NO. 87 OF 2012,WRIT PETITION (CIVIL) NO. 264 OF 2012,WRIT PETITION (CIVIL) NO. 315 OF 2012,WRIT PETITION (CIVIL) NO. 817 OF 2013 WITH CONTEMPT PETITION (CIVIL) NO. 252 OF 2012 IN WRIT PETITION (CIVIL) NO. 538 OF 2011, the operative part of the directions of Supreme Court are reproduced hereunder for ready reference and compliance:
“71) Accordingly, we hold that the recommendations of the 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.
72) Consequently, all the writ petitions are dismissed with no order as to costs.
73) In view of 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 installments within a period of one year from today and continue to pay the revised wages from April, 2014 onwards.
74) In view of the disposal of the writ petitions, the contempt petition is closed.”
2
4. The management named above has not implemented the aforesaid wage board
notification and is also violating the orders dated 7/2/2014 passed by the Supreme Court.
The management is now falsely claiming that the recommendations of the wage board are
not applicable on the employees and forcing the employees to sign on pre-typed formats
and declarations illegally. The employees refusing to do so are being victimized by way of
illegal transfer, suspension and other colorable exercise of the powers of the management
and a reign of terror inside the establishment has been created by the management as a
result of which the employees are not coming forward to demand the said benefits. A list
of all the employees is being attached as ANNEXURE-A.
7. The management be asked to furnish the details of the salaries paid to the employees of
the establishment before 7/2/2014 and being paid now and reasons for non
implementation of the Majithia Wage Board by the management.
8. The present application is without prejudice to the rights of the applicant to the
contempt of court proceedings against the management for its deliberate, willful and
intentional violation of the orders of the Supreme Court dated 7/2/2014, referred
hereinabove.
9. The present application is being filed for compliance of the orders
dated 28/4/2015 passed by the Hon’ble Supreme Court wherein the Court has asked for
submission of a report by the Labour Commissioner of the states regarding the
implementation of the Majithia Wage Board notification, the said order is reproduced
hereunder :
“While keeping these contempt petitions pending we issue the
following directions :
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
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. The cases will be listed
again after receipt of the report as above stated. All contentions with regard
to maintainability of the contempt petitions are kept open.”
PRAYER
3
It is therefore prayed that the authority may issue specific direction to the management to implement the Majithia Wage Board recommendation and issue a recovery certificate in favour of the applicant for the recovery of the dues of the employees mentioned in ANNEXURE-A of the application and forward the said recovery certificate to the Collector to recover the said amount as arrears of land revenue along with all their accrued interest and costs.
Any other order which the Hon’ble Court may deem fit and proper in the facts and circumstances be also passed in favour of the applicant and against the respondent.
Applicant
Name
Post
Address
Contact No.
Enclosure:
Enclosure:
ANNEXURE-A Containing the list of all the employees of the establishment who are not being paid the Majithia Wage Board benefits.
Name of the employee
Post
Present salary
Salary accordingly to Majithia notification.
4
To, Date: The Labour Commissioner---------------------
Sub: Illegal acts by the management of M/s---------------------------------
Sir,
We are the employees of the establishment named above and constrained to report against the illegal, highhanded acts of the management named above. The management has extracted my signature on pre typed formats and papers to the effect that I do not want the benefits of the Majithia Wage Board award and have entered into a settlement with the management. When the workers refused to do so, the management has threatened me that they would terminate my services.
The aforesaid act of the management is illegal and an attempt to overreach the notification of the Majithia Wage Board as issued by the central government and the violation of the orders dated 7/2/2015 passed by the Supreme Court of India. Since all the employees are being coerced and pressurized to sign on the said formats , we have no option then to writ to you that we reaffirm our demand for Majithia Wage Board notification and do not subscribe to the forcible extraction of our signatures on the pre typed formats of the management. Our signatures on the said papers be treated as withdrawn, cancelled. Please issue directions to the management to release us the benefits of the Majithia Wage Board and do not victimize the workers of the establishment.
Thanking You, Yours Name Post Contact No.
Copy forwarded to: SHO, PS--------------for information.
Before the Labour Commissioner/Deputy Labour Commissioner/Assistant Labour Commissioner, District:----------------
Sub: Compliance of the orders dated 28/4/2015 passed by the Hon’ble Supreme Court of India in CCP NO. 128/2015 & 129/2015 alongwith bunch of other such cases regarding non implementation of the Majithia Wage Board notification dated 11/11/11 issued by Central Government and affirmed by the Supreme Court of India vide its orders dated 7/2/2014.
Name & address of the management:
Sir,
1.The management named above is a newspaper establishment, the employees of the establishment are entitled to the benefits of the Majithia Wage Board notification w.e.f. 11/11/11 as notified by the Central Government .
3. Hon’ble Supreme Court of India has also issued specific directions for the release of the aforesaid benefits vide its orders dated 7/2/2014 in WRIT PETITION (CIVIL) NO. 382 OF 2011, WRIT PETITION (CIVIL) NO. 384 OF 2011,WRIT PETITION (CIVIL) NO. 386 OF 2011,WRIT PETITION (CIVIL) NO. 408 OF 2011,WRIT PETITION (CIVIL) NO. 510 OF 2011,WRIT PETITION (CIVIL) NO. 538 OF 2011,WRIT PETITION (CIVIL) NO. 514 OF 2011,WRIT PETITION (CIVIL) NO. 546 OF 2011,WRIT PETITION (CIVIL) NO. 87 OF 2012,WRIT PETITION (CIVIL) NO. 264 OF 2012,WRIT PETITION (CIVIL) NO. 315 OF 2012,WRIT PETITION (CIVIL) NO. 817 OF 2013 WITH CONTEMPT PETITION (CIVIL) NO. 252 OF 2012 IN WRIT PETITION (CIVIL) NO. 538 OF 2011, the operative part of the directions of Supreme Court are reproduced hereunder for ready reference and compliance:
“71) Accordingly, we hold that the recommendations of the 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.
72) Consequently, all the writ petitions are dismissed with no order as to costs.
73) In view of 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 installments within a period of one year from today and continue to pay the revised wages from April, 2014 onwards.
74) In view of the disposal of the writ petitions, the contempt petition is closed.”
2
4. The management named above has not implemented the aforesaid wage board
notification and is also violating the orders dated 7/2/2014 passed by the Supreme Court.
The management is now falsely claiming that the recommendations of the wage board are
not applicable on the employees and forcing the employees to sign on pre-typed formats
and declarations illegally. The employees refusing to do so are being victimized by way of
illegal transfer, suspension and other colorable exercise of the powers of the management
and a reign of terror inside the establishment has been created by the management as a
result of which the employees are not coming forward to demand the said benefits. A list
of all the employees is being attached as ANNEXURE-A.
7. The management be asked to furnish the details of the salaries paid to the employees of
the establishment before 7/2/2014 and being paid now and reasons for non
implementation of the Majithia Wage Board by the management.
8. The present application is without prejudice to the rights of the applicant to the
contempt of court proceedings against the management for its deliberate, willful and
intentional violation of the orders of the Supreme Court dated 7/2/2014, referred
hereinabove.
9. The present application is being filed for compliance of the orders
dated 28/4/2015 passed by the Hon’ble Supreme Court wherein the Court has asked for
submission of a report by the Labour Commissioner of the states regarding the
implementation of the Majithia Wage Board notification, the said order is reproduced
hereunder :
“While keeping these contempt petitions pending we issue the
following directions :
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
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. The cases will be listed
again after receipt of the report as above stated. All contentions with regard
to maintainability of the contempt petitions are kept open.”
PRAYER
3
It is therefore prayed that the authority may issue specific direction to the management to implement the Majithia Wage Board recommendation and issue a recovery certificate in favour of the applicant for the recovery of the dues of the employees mentioned in ANNEXURE-A of the application and forward the said recovery certificate to the Collector to recover the said amount as arrears of land revenue along with all their accrued interest and costs.
Any other order which the Hon’ble Court may deem fit and proper in the facts and circumstances be also passed in favour of the applicant and against the respondent.
Applicant
Name
Post
Address
Contact No.
Enclosure:
Enclosure:
ANNEXURE-A Containing the list of all the employees of the establishment who are not being paid the Majithia Wage Board benefits.
Name of the employee
Post
Present salary
Salary accordingly to Majithia notification.
4
To, Date: The Labour Commissioner---------------------
Sub: Illegal acts by the management of M/s---------------------------------
Sir,
We are the employees of the establishment named above and constrained to report against the illegal, highhanded acts of the management named above. The management has extracted my signature on pre typed formats and papers to the effect that I do not want the benefits of the Majithia Wage Board award and have entered into a settlement with the management. When the workers refused to do so, the management has threatened me that they would terminate my services.
The aforesaid act of the management is illegal and an attempt to overreach the notification of the Majithia Wage Board as issued by the central government and the violation of the orders dated 7/2/2015 passed by the Supreme Court of India. Since all the employees are being coerced and pressurized to sign on the said formats , we have no option then to writ to you that we reaffirm our demand for Majithia Wage Board notification and do not subscribe to the forcible extraction of our signatures on the pre typed formats of the management. Our signatures on the said papers be treated as withdrawn, cancelled. Please issue directions to the management to release us the benefits of the Majithia Wage Board and do not victimize the workers of the establishment.
Thanking You, Yours Name Post Contact No.
Copy forwarded to: SHO, PS--------------for information.
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