ABP PVT. LTD. & ANR. versus UNION OF INDIA & ORS.

ABP PVT. LTD. & ANR. versus UNION OF INDIA & ORS.

The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Amendment Act of 1974 are intra vires the Constitution. The constitution, procedure, and recommendations of the Majithia Wage Boards are legally valid, having observed principles of natural justice, industry-specific norms, and procedural safeguards. No constitutional or procedural violation is established; employers must implement revised wages from the notified date.

Parties
Petitioner: ABP Pvt. Ltd.; Respondent: Union of India; Petitioner: Other Newspaper Establishments; Respondent: Other Employees (Working Journalists and Non-Journalist Newspaper Employees)
Jurisdiction
India
Judgment Date
07 February 2014
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions dismissed
Legal Topics
Constitutional Validity, Wage Fixation, Freedom of Speech and Expression, Reasonableness of Restrictions, Bias in Administrative Bodies, Natural Justice, Implementation of Wage Board Recommendations
Constitutional Law Labour Law Administrative Law Constitutional Validity Wage Fixation Freedom of Speech and Expression Reasonableness of Restrictions Bias in Administrative Bodies +2 more

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Parties

ABP Pvt. Ltd.

Petitioner

Union of India

Respondent

Other Newspaper Establishments

Petitioner

Other Employees (Working Journalists and Non-Journalist Newspaper Employees)

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Amendment Act of 1974 are unconstitutional
  2. 2 Whether the constitution and procedure of the Wage Boards was irregular or biased
  3. 3 Whether recommendations of the Majithia Wage Boards are unreasonable and ultra vires

Ratio Decidendi

The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and Amendment Act of 1974 are intra vires the Constitution. The constitution, procedure, and recommendations of the Majithia Wage Boards are legally valid, having observed principles of natural justice, industry-specific norms, and procedural safeguards. No constitutional or procedural violation is established; employers must implement revised wages from the notified date.

Court Disposition

Petitions dismissed

Orders

  • All writ petitions dismissed; no order as to costs.
  • Revised wages payable from 11.11.2011 per Majithia Wage Boards notification.