Sample draft of the Majithia Application
BEFORE THE LABOUR COMMISSIONER/DEPUTY LABOUR COMMISSIONER/ASSISTANT LABOUR COMMISSIONER,DISTRICT ( Name of the district and address of the office)
In the matter of:
NAME & ADDRESS OF THE CLAIMANT:
Date of Employment
Category of the post as per Majithia Award
NAME & ADDRESS OF THE MANAGEMENT:
Category of management as per Majithia award
APPLICATION UNDER SECTION 17 (1) OF THE WORKING JOURNALISTS ACT FOR ISSUANCE OF RECOVERY CERTIFICATE AGAINST THE STATUTORY DUES OF THE CLAIMANT.
Respectfully submitted as under:
1. The management named above is a newspaper establishment, the employees of the establishment are entitled to the benefits of the Majithia Wage Board notification w.e.f. 11/11/11 as notified by the Central Government. The details of the category of the management under the said wage board award is given above and the details of the post of the claimant employee as covered under the said Award is also given above.
2. That Majithia Wage Board was constituted by the Central Government under Section 10 of the WJ Act and the report of the same was accepted by the Central Government and notified on 11/11/2011 under Section 12 of the said Act hence the said award has a statutory force and the claimant is entitled to the benefits as granted under the said award. The said Award has subsequently been upheld by the Supreme Court of India and specific directions for implementation of the same has been issued hence no dispute in this regard can be raised by the employer as the same would amount to contempt of court.
4. The management along with several other newspapers challenged the Majithia Notification before Supreme Court of India instead of implementing the same. The Honble Supreme Court of India finally dismissed the petitions filed against Majithia Notification and issued specific directions for the release of the benefits of Majithia Wage Board notification vide its orders dated 7/2/2014 within a period of one year w.e.f. 7/2/2014 along with arrears, the operative part of the directions of Supreme Court are reproduced here under for ready reference and compliance:
71) Accordingly, we hold that the recommendations of the Boards are valid in law, based on genuine and acceptable considerations and there is no valid ground for interference under Article 32 of the Constitution of India.
72) Consequently, all the writ petitions are dismissed with no order as to costs.
73) In view of our conclusion and dismissal of all the writ petitions, the wages as revised/determined shall be payable from 11.11.2011 when the Government of India notified the recommendations of the Majithia Wage Boards. All the arrears up to March, 2014 shall be paid to all eligible persons in four equal installments within a period of one year from today and continue to pay the revised wages from April, 2014 onward.
74) In view of the disposal of the writ petitions, the contempt petition is closed.
5.The management named above did not implement the aforesaid wage board notification and started extracting the signatures of the employees on pre-typed formats forcibly on threats of their jobs and started claiming that the recommendations of the wage board are not applicable on it. The aforesaid act of the management is in gross violation of Section 13 of the Working Journalists (C&S) and Misc. Provisions Act, 1955 as the working journalists are entitled to wages at rates not less than those specified in order. The provisions of Section 13 of the Act are very clear and are being reproduced for ready reference and compliance:
13. Working Journalists entitled to wages at rates not less than those specified in the order.
On the coming into operation of an order of the Central Government under Sec.12 every working journalist shall be entitled to be paid by his employer wages in the rate which shall, in no case, be less than the rate of wages specified in the order.
6. That the Working Journalists Act further protects the interest of the employees under Section 16 of the said Act by stating that any declaration, agreement etc which is inconsistent with the Act shall have no effect hence any claim being made by the employer regarding the declarations extracted by the employees is illegal on the face of it . The said provisions are reproduced here under for ready reference:
16. Effect of laws and agreements inconsistent with this Act. (1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement or contract of service, whether made before or after the commencement of this Act :
Provided that where under any such award, agreement, contact of service or otherwise a newspaper employee is entitled to benefits in respect of any matter which are more favorable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favorable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favorable to him that those to which he would be entitled under this Act.
7. That the Supreme Court has considered all the contentions as raised before it in bunch of Contempt of court petitions and vide its orders dated 19/6/2017 reaffirmed that the newspaper establishments are under obligation to pay the Majithia Wage Board Award the remedy under Section 17 of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 is prescribed and the employees claimant the said benefits can seek the same by filing such applications, hence the present application.
8. That the details of the claims of the employee is as under:
Sr No. Salary period Salary paid Salary as per Majithia Award Difference/ Dues
Total Total dues
9. That the management is liable to pay the aforesaid benefits to the employee but is withholding the same illegally hence liable to pay interest on the same @ 24 % from the date of entitlement till the date of realization .
10. That the management be also restrained from victimizing the employee during the pendency of the present claim as contemplated under Section 16 of the said Act as there is a complete restriction on the action of the management . The said provision of law is reproduced here under for ready reference:
16-A. Employer not to dismiss, discharge, etc., newspaper employee.- No employer in relation to a newspaper establishment shall, by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under Sec. 12 or under Sec. 12 read with Sec. 13-AA or Sec. 13-DD, dismiss, discharge or retrench any newspaper employee.
11. It is therefore prayed that the management named above be directed to pay the dues as detailed above failing which a recovery certificate be issued in favour of the claimant.