EXPRESS NEWSPAPERS (PRIVATE) LTD., AND ANOTHER versus THE UNION OF INDIA AND OTHERS

EXPRESS NEWSPAPERS (PRIVATE) LTD., AND ANOTHER versus THE UNION OF INDIA AND OTHERS

Except for s.5(1)(a)(iii), the Act is constitutionally valid and does not violate freedom of speech or trade, nor does it impose unreasonable or arbitrary restrictions. The Wage Board's decision is void as it failed to consider the industry’s capacity to pay, a mandatory requirement under s.9(1). Awarding gratuity to employees who voluntarily resign after three years is unreasonable and violates Art. 19(1)(g), rendering s.5(1)(a)(iii) ultra vires and severable.

Parties
Petitioner: Express Newspapers (Private) Ltd.; Respondent: Union of India; Respondent: Other Respondents
Jurisdiction
India
Judgment Date
19 March 1958
Procedural Posture
Constitutional Petitions and Civil Appeals / Final Decision on Merits
Outcome
Petitions allowed; Civil appeals disposed of accordingly.
Legal Topics
Freedom of Press, Regulation of Working Journalists, Constitutional Validity of Statutes, Industrial Relations, Gratuity, Wage Fixation
Constitutional Law Labour and Employment Law Freedom of Press Regulation of Working Journalists Constitutional Validity of Statutes Industrial Relations Gratuity Wage Fixation

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Parties

Express Newspapers (Private) Ltd.

Petitioner

Union of India

Respondent

Other Respondents

Respondent

Procedural Posture

Constitutional Petitions and Civil Appeals / Final Decision on Merits

Legal Issues

  1. 1 Whether the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 violates Arts. 19(1)(a), 19(1)(g), 14, and 32 of the Constitution.
  2. 2 Whether the decision of the Wage Board fixing rates and scales of wages is valid and in accordance with the principles laid down in the Act.
  3. 3 Whether Section 5(1)(a)(iii) relating to gratuity is constitutionally valid.

Ratio Decidendi

Except for s.5(1)(a)(iii), the Act is constitutionally valid and does not violate freedom of speech or trade, nor does it impose unreasonable or arbitrary restrictions. The Wage Board's decision is void as it failed to consider the industry’s capacity to pay, a mandatory requirement under s.9(1). Awarding gratuity to employees who voluntarily resign after three years is unreasonable and violates Art. 19(1)(g), rendering s.5(1)(a)(iii) ultra vires and severable.

Court Disposition

Petitions allowed; Civil appeals disposed of accordingly.

Orders

  • Section 5(1)(a)(iii) of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, declared ultra vires the Constitution.
  • Decision of the Wage Board dated April 30, 1957, set aside as illegal and void.