To
The Labour Commissioner,
Haryana, Chandigarh.
Sub:- Application for directing the management of Hindustan(Hindi), 18-20 Kasturba Gandhi Marg, New Delhi for releasing the wages of the applicant on the bases of Majithia wage Award 2011 and Manisana wage board award 2000 since the time of his appointment till the retrenchment of his services.
Sir,
The applicant submits as under:-
1. That the applicant was appointed as a stringer (Part- Time correspondent) on 28-11-2001 by the management of Hindustan (Hindi) , 18-20, Kasturba Gandhi Marg , New Delhi and retrenched from services without any prior notice on 12-2-2013.
2. That the Management /Newspaper Hindustan (Hindi) is liable to pay wages on the bases and provisions of Manisana wage Board Award, 2000 and Majithia wage Board Award 2011. The Manisana wage Board is hereby reproduced as under:- “ in paragraph 9, for sub- paragraph (2) wages of part- time Correspondent and photographer shall be paid not less than fifty percent of the basic pay plus dearness allowance applicable full – time correspondent and photographer at similar level if he is working at District Headquarter and above subject to the condition that no part- time correspondent and photographer shall work for more than two newspaper establishments . The wages shall not be less than one third if the correspondents and photographers are posted at place below District level subject to the condition that he shall not work for more than three newspapers. In addition to it, payment of wages shall be on column bases, the rate of which may be decided by mutual negotiations. The Majithia wage Board award is reproduced as under:- “ (1) save as otherwise provided in this award , a newspaper employee shall draw wages in the revised scale applicable to the group to which he belongs .
3. That besides this, as per provisions the applicant / worker is also entitled to increase his wages from time to time as per price index. The award is reproduced for your kind perusal as under :- ‘ The proposal of the wage board suggests around 35 percent and 20 percent increase in the wages / salaries over and above the salary including interim relief of employees working in the newspaper industry falling in classes 1 and IV and classes V and VIII respectively .”
4. That the management filed petitions against the aforesaid boards , but all the petitions have been dismissed by the Hon’ble Supreme Court of India and held that “ 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 board award . All the arrears upto , March 2014 shall be paid to all eligible persons in four installments within a period of one year from today and continue to pay the revised wages from April , 2014 onward .”
5. That the applicant is fully entitled and eligible person to get all the arrears and all other subsequent benefits as per price index from the management of Hindustan (Hindi) upto date along with interest.
It is therefore requested that the respondent management Hindustan ( Hindi), 18-20 , Kasturba Gandhi Marg , New Delhi for releasing the wages of the applicant , arrears and all other subsequent benefits as per price index on the bases of Majithia wage board award 2011 and Manisana wage board award 2000 in the interest of justice and failing which legal action may please be taken against the management of Hindustan ( Hindi) in this regard as per provisions of law and decision of Hon’ble Supreme court of India dated 7-2-2014 .
Any other relief to which the Labour Commissioner may deem fit may please be awarded to the applicant.
Dated:- 29-3-2014
Applicant Rajesh Jain – Journalist
1093, Bishan sawroop colony
Panipat (Haryana)
(M) 94160-35430, 092530-11107
CC: DLC, Panipat
