SAMARJIT GHOSH versus BENNETT COLEMAN & COMPANY AND ANOTHER

SAMARJIT GHOSH versus BENNETT COLEMAN & COMPANY AND ANOTHER

The Government of West Bengal was competent to make the reference to the Labour Court because the appellant was employed by the Calcutta branch of the respondent company, and the application for recovery was made while he was so employed. The statutory scheme under s. 17 and Rule 36 mandates that the State Government where the employee is employed is the competent authority for such reference.

Parties
Appellant: Samarjit Ghosh; Respondents: Bennett Coleman & Company and Another
Jurisdiction
India
Judgment Date
29 June 1987
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed
Legal Topics
Jurisdiction of State Government for Reference of Newspaper Employee Disputes, Recovery of Unpaid Wages Under Working Journalists Act
Labour Law Jurisdiction of State Government for Reference of Newspaper Employee Disputes Recovery of Unpaid Wages Under Working Journalists Act

Case Brief

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Parties

Samarjit Ghosh

Appellant

Bennett Coleman & Company and Another

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Which State Government is competent to refer a dispute regarding unpaid dues of a newspaper employee to the Labour Court under s. 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955?

Ratio Decidendi

The Government of West Bengal was competent to make the reference to the Labour Court because the appellant was employed by the Calcutta branch of the respondent company, and the application for recovery was made while he was so employed. The statutory scheme under s. 17 and Rule 36 mandates that the State Government where the employee is employed is the competent authority for such reference.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of Division Bench of Calcutta High Court dated 18 January, 1985 set aside
  • Judgment and order of Single Judge dated 5 October, 1982 set aside