What Allahabad High Court Held On Operation Of Industrial Disputes Act, Delegation Of Power By State Govt: Working Journalists Act

The Allahabad High Court in the case The Indian Express Pvt. Ltd. v. Union of India observed and has held that 1955 Act is a special act governing the conditions of work for newspaper employees which includes working journalists and non-working journalists and will have overriding effect over the Industrial Disputes Act, 1947.

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The bench headed by Justice Rohit Ranjan Agarwal in the case observed that the Act of 1947 only supplements the cause of working journalists, but in no way it restricts in reaping the benefits provided under the Act 1955, especially as stated under Section 17, which is a scheme of recovering of dues of an employee from its employer.

The bench in the case observed and has held that the power of the State Government to make reference to the Labour Court as stated under Section 17(2) of Working Journalists And Other Newspaper Employees, the Conditions of Service and Misc. Provisions Act, 1955 can be delegated to competent authority.

The court in the case held that the provisions as stated under Section 17 must be construed as a whole.

Therefore, the section 17(1) provides that when an application has been moved by an employee for recovery of amount due to him from the employer, the State Government or authority specified by the State Government shall issue a certificate to the Collector for recovering the amount from the employer where there is no dispute regarding the amount.

The court stated that Sub-section (2) of Section 17 provides that in case of a dispute with regards to the amount due, the State Government shall make a reference to the Labour Court for adjudication of the disputed amount. Thus, the decision of the Labour Court shall then be forwarded to the State Government for recovery of decided amount.

The court held that the Labour Court gives a 'decision' and does not pass an 'award' as it is mentioned in the Industrial Disputes Act, 1947.