मुंबई में प्रेस ट्रस्ट आफ इंडिया न्यूज एजेंसी के लिए कार्यरत मीडियाकर्मी एबी देसाई को छह लाख अठतालीस हजार रुपये देने का आदेश लेबर कोर्ट जज एफएम पठान ने दिया है. इस बारे में विस्तार से खबर अंग्रेजी में है, पढ़ें-
PTI employee wins Majithia case
In the first Award (concerning the Majithia Wage Board Award ) to be passed by the Labour Courts at Mumbai, Shri F M Pathan, Judge, 4th Labour Court , has awarded Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only) to A B Desai of Press Trust of India (PTI).
Desai had filed an application u/s 17 of The Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 claiming that he had been denied two pay scale up-gradations (promotions) under Clause 19 (f) of the Majithia Wage Board Award (MWBA) for news agencies, thereby entitling him to receive a difference of Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only).
The PTI management argued that up-gradations (promotions) were not automatic but were linked to a satisfactory performance of service during the stipulated period. According to PTI, Desai’s service was unsatisfactory.
The PTI management also contented that promotions could only be prospective and not retrospective and, therefore, Clause 19 (f) of the MBWA came into play only after the date of enforcement, i.e. 11/11/2011.
Rejecting the arguments of the PTI, the court held that no appraisal report had been filed by the company and that the contention of the Company were not supported by any documentary material.
Importantly, the court also concluded that Clause 19 (f) envisaged that the entire period of service as on 11.11.2011 had to be taken into consideration.
Furthermore, the court held that non-issuance of any memo or show cause or warning or any adverse remark was sufficient to deduce that service is satisfactory. As Desai had not received any memo or show cause or warning or any adverse remark, his service could not be held below any satisfactory benchmark.
The court also rejected PTI’s argument that the work being done by Desai had become obsolete and therefore he was not entitled to any up-gradation / promotions and observed that though the work had become obsolete, the First Party kept the Second Party in employment till his superannuation (on 30/11/2016) and extended all other service conditions.
In a well-reasoned and clearly-worded order, the court concluded that Desai was entitled to two promotions – the first one on 11/11/2011 and the second on 02/02/2015. The court, therefore, held that Desai be paid a sum of Rs 6,48,950/- (Rs Six Lakhs Forty Eight Thousand Nine Hundred and Fifty Only) as claimed.
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