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Supreme Court of India 2017-06-19 disposed

Avishek Raja & Ors vs Sanjay Gupta

Bench: 2 — Ranjan Gogoi

In Brief

This consolidated judgment addresses 83 contempt petitions and 3 writ petitions filed by newspaper employees alleging non-implementation of the Majithia Wage Board Award, which had been approved by the Supreme Court in 2014 and notified by Government in November 2011. The Court clarified that the Award's wages are guaranteed to all newspaper employees (regular and contractual) and are non-negotiable; the 'variable pay' component must be included in all allowances. While employees cannot waive rights to lesser wages, disputes about voluntariness of undertakings must be resolved under Section 17 of the Act. The Court found newspaper establishments acted on mistaken understanding of the Award and thus were not in contempt. All future complaints shall be resolved through statutory remedy mechanisms rather than contempt proceedings.

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Labour and Industrial Law Contempt of Court Wage Determination Newspaper Industry Regulation Constitutional Law - Right to Constitutional Remedies (Article 32) Civil Procedure Statutory Interpretation

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