M/S BENNET COLEMAN & CO. LTD versus STATE OF BIHAR & ORS

M/S BENNET COLEMAN & CO. LTD versus STATE OF BIHAR & ORS

Prosecution for non-implementation of Wage Board recommendations under Section 25U read with Section 29 of the Industrial Disputes Act is not maintainable as such recommendations are neither awards nor settlements under the Act. Remedies for non-compliance are provided in Sections 17 and 18 of the Working Journalists Act.

Parties
Appellant: M/S BENNET COLEMAN & CO. LTD; Respondent: State of Bihar & Ors
Jurisdiction
India
Judgment Date
10 February 2015
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeals allowed; contempt petitions dismissed; complaints and Magistrate orders quashed.
Legal Topics
Unfair Labour Practice, Wage Board Recommendations, Maintainability of Prosecution, Industrial Disputes Act Applicability
Labour Law Criminal Law Unfair Labour Practice Wage Board Recommendations Maintainability of Prosecution Industrial Disputes Act Applicability

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Parties

M/S BENNET COLEMAN & CO. LTD

Appellant

State of Bihar & Ors

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether recommendations of the Wage Board constituted under the Working Journalists Act constitute an 'award' or 'settlement' under the Industrial Disputes Act, and if prosecution for unfair labour practice for non-implementation is maintainable under the Industrial Disputes Act

Ratio Decidendi

Prosecution for non-implementation of Wage Board recommendations under Section 25U read with Section 29 of the Industrial Disputes Act is not maintainable as such recommendations are neither awards nor settlements under the Act. Remedies for non-compliance are provided in Sections 17 and 18 of the Working Journalists Act.

Court Disposition

Appeals allowed; contempt petitions dismissed; complaints and Magistrate orders quashed.

Orders

  • Impugned orders of High Court and complaint/quashing order by Magistrate are set aside; Labour Court, Patna directed to dispose Case Reference No.7/2013 expeditiously.
  • Contempt petitions dismissed as nothing survives in view of main judgment.