AVISHEK RAJA & ORS. versus SANJAY GUPTA

AVISHEK RAJA & ORS. versus SANJAY GUPTA

Non-implementation or partial implementation of the Wage Board award was due to a wrong understanding, not wilful default, and therefore does not attract civil contempt under Section 2(b) of the Contempt of Courts Act, 1971. All complaints regarding non-implementation must be resolved under Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, not by contempt proceedings.

Parties
Petitioner: Avishek Raja & Ors.; Respondent: Sanjay Gupta
Jurisdiction
India
Judgment Date
19 June 2017
Procedural Posture
Contempt Petition (civil) and Writ Petition (civil) / Disposal After Hearing
Outcome
Contempt petitions and writ petitions dismissed; none of the newspaper establishments found guilty of contempt.
Legal Topics
Majithia Wage Board Award, Civil Contempt, Wages and Service Conditions, Doctrine of Waiver, Minimum Wages, Jurisdiction Under Article 32
Labour Law Constitutional Law Contempt of Court Majithia Wage Board Award Civil Contempt Wages and Service Conditions Doctrine of Waiver Minimum Wages +1 more

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Parties

Avishek Raja & Ors.

Petitioner

Sanjay Gupta

Respondent

Procedural Posture

Contempt Petition (civil) and Writ Petition (civil) / Disposal After Hearing

Legal Issues

  1. 1 Whether non-implementation or partial implementation of the Majithia Wage Board award by newspaper establishments constitutes civil contempt under Section 2(b) of the Contempt of Courts Act, 1971
  2. 2 Whether undertakings by employees to opt for less favourable benefits than the Wage Board Award are valid under law
  3. 3 Applicability of Majithia Wage Board award to contractual employees and inclusion of variable pay

Ratio Decidendi

Non-implementation or partial implementation of the Wage Board award was due to a wrong understanding, not wilful default, and therefore does not attract civil contempt under Section 2(b) of the Contempt of Courts Act, 1971. All complaints regarding non-implementation must be resolved under Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955, not by contempt proceedings.

Court Disposition

Contempt petitions and writ petitions dismissed; none of the newspaper establishments found guilty of contempt.

Orders

  • Complaints regarding non-implementation of the Majithia Wage Board award to be resolved through Section 17 of the Working Journalists Act, not contempt proceedings.
  • Service condition-related writ petitions under Article 32 are not maintainable; such matters should be determined by appropriate authority.