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Supreme Court of India 2017-06-19 disposed

Avishek Raja & Ors vs Sanjay Gupta

Bench: 2 — Ranjan Gogoi

In Brief

The Supreme Court resolved multiple contempt and writ petitions arising from non-implementation of the Majithia Wage Board Award by newspaper establishments. The Court held that the Award must be implemented in full. Wages notified under the Act are guaranteed and non-negotiable except where employees accept more favourable terms. The Award applies to all employees, including contractual ones, and must include variable pay in computing allowances. Newspaper establishments may claim exemption from arrears only by proving 'heavy cash losses' over three preceding years, not mere financial difficulty. Since non-implementation stemmed from bona fide misunderstanding, the establishments were not held in contempt. All future complaints shall be resolved through the statutory mechanism under Section 17 of the Act rather than contempt proceedings. Service-related disputes regarding transfers and terminations should be adjudicated by appropriate authorities under the Act or industrial law, not by the Court in writ jurisdiction.

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Labour and Industrial Law Wage Boards Contempt of Court Constitutional Law Workers' Rights Newspaper Employees Wage Implementation Civil Procedure

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