सुप्रीम कोर्ट में मजीठिया वेज बोर्ड मामले में देश भर के पत्रकारों का केस लड़ रहे एडवोकेट उमेश शर्मा ने एक मैसेज के साथ 17(1) का क्लेम फार्मेट जारी किया है। एडवोकेट उमेश शर्मा ने कहा कि देश भर के सभी साथी इस क्लेम फ़ार्म को भरकर जरूर लेबर कमिश्नर कार्यालय में जमा कर दें। ये सिर्फ वही साथी भरेंगे जिन्होंने 17(1) के तहत अब तक लेबर विभाग में क्लेम नहीं लगाया है। इस क्लेम फार्मेट को लेबर कमिश्नर के कार्यालय में भरकर जमा करना है और रिसीव कराकर एक प्रति अपने पास रखना है।
एडवोकेट उमेश शर्मा का मैसेज…
उच्चतम न्यायालय में २३ / ८ / 2016 की सुनवाई के दौरान यह बात सामने आ है कि १७(१) दायर करना जरूरी है. सभी लोग निम्नलिखित बातों का ध्यान रखें :
१. यह एप्लीकेशन कोई कर्मचारी अपने हस्ताक्षर द्वारा या कोई यूनियन सभी कर्मचारियों की तरफ से लगा सकती है जिस पर कर्मचारी के हस्ताक्षर जरूरी नहीं हैं। यह जरूरी है कि उस कर्मचारी को मिल रहा वेतनमान और मजीठिया वेज बोर्ड के तहत मिलने वाले वेतनमान की तालिका लगी हो जिसमें कुल बकाया स्पष्ट रूप से दिखाया गया हो।
२. कर्मचारी और यूनियन इस बात की भी शिकायत कर सकती हैं कि प्रबंधकों ने उनसे जबदस्ती 20(जे) पर दस्तखत करवाया है और इसे अमान्य समझा जाये और प्रबंधकों के खिलाफ कार्यवाही की जाये क्योंकि कर्मचारी को लाभ से वंचित रखा गया है।
३. प्रबंधन का पूरा नाम पता स्पष्ट रूप से लिखा जाये, जैसा कि आपकी नियुक्ति पत्र में दिया गया है।
४. जो लोग सेवानिवृत हो चुके हैं, त्यागपत्र दे चुके हैं, जिनकी मृत्यु हो चुकी है उनके बच्चे इस लाभ के हक़दार हैं और उनसे भी संपर्क कर उन्हें साथ लिया जाना चाहिए। ध्यान रहे कि ऐसे लोगों को प्रबंधन न तो डरा सकती है न ही उनसे कुछ जबरदस्ती लिखवा कर ले सकती है।
५. श्रम अधिकारियों द्वारा कार्यवाही नहीं करने पर उनको नोटिस दिया जाना चाहिए और उनकी शिकायत उच्च अधिकारियों को करना चाहिए।
क्लेम फार्मेट ये है….
BEFORE THE DESIGNATED AUTHORITY UNDER THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955.
SUB: ISSUANCE OF RECOVERY CERTIFICATE IN COMPLIANCE OF THE ORDERS DATED 28/4/2015, 12/1/2016, 14/3/2016, 23/8/2016 PASSED BY THE HON’BLE SUPREME COURT OF INDIA IN CCP NO. 128/2015 & 129/2015 AND WP (C) 246/2011 DATED 7/2/2014.
NAME & ADDRESS OF THE MANAGEMENT:
—————-
—————–
Sir,
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 .
2. The management alongwith several other newspapers challenged the Majithia Notification before Supreme Court of India instead of implementing the same. The Hon’ble 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 alongwith arrears, the operative part of the directions of Supreme Court are reproduced hereunder 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 onwards.
74) In view of the disposal of the writ petitions, the contempt petition is closed.”
3. 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.
4. Several Contempt of Court Petition has been filed by the deprived employees and their unions which are pending before the Honb’le Supreme Court of India and the court has reiterated that the newspaper establishments are under obligation to pay the dues to the employees in terms of its directions . The court vide its orders dated 23/8/2016 has now directed the adjudication of the claim of the employees under Section 17 of the WJ Act by the labour commissioner. The operative part of the said order is reproduced hereunder for ready reference and compliance:
“We elaborate the aforesaid directions in the following manner :-
(a) In respect of such of the establishments which have been reported by the Labour Commissioner in his affidavit/report not to have implemented the recommendations of Majithia Wage Board the detailed facts which had led the Labour Commissioner to arrive at the said conclusion be laid before the Court after giving the affected party an opportunity of hearing.
(b) The management of each of the establishments will be bound under the
present order to furnish to the Labour Commissioner all such records, reports, documents and information that the Labour Commissioner deems it necessary to consider before passing apprppriate orders in terms of direction (a).
(c) The Labour Commissioner may, if he considers it necessary, in an appropriate case, himself visit the premises of an establishment to satisfy himself as to the implementation of the recommendations of the Majithia Wage Board.
(d) It will be open for each affected employee to lay before the State Government/Labour Commissioner, the details of the amount that he/she claims to be due under the recommendations of the Majithia Wage Board over and above the emoluments drawn by him.
If such a resort is made to the State Government/Labour Commissioner the
concerned authority would be fully empowered to carry out necessary adjudication and pass consequential orders in terms of Section 17 of the Act.”
6. That the scheme of the Working Journalists Act is very clear and Section 17(1) of the said Act provides mechanism for recovery of the dues from an employer. A combined reading of all these provisions make it crystal clear that the management of the newspaper establishments have no choice then to pay the benefits recommended by the Wage Board which has a statutory force and the employer cannot escape the same under any circumstances. Section 17 (1) of the Act is being reproduced hereunder for ready reference;
“17. Recovery of money due from an employer- (1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself or any person authorized by him in writing in this behalf , or in the case of death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government, for the recovery of the amount due to him, and if the State Government , or such authority, as the State Government may specify in this behalf , is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrears of land revenue.”
1. That the claimant was not paid his dues accruing under the Wage Board Notification which ultimately merged with the directions dated 7/2/2014 passed by the Hon’ble Supreme Court quoted here. The management even did not comply with the same and remained making excuses one after the other in the meanwhile the claimant retired from the services. The disputes being created by the management are worth rejection as such disputes can not be raised under Section 17 (1) of the WJ Act as the claim of the employee is based on statutory wage boards.
2. That the dues of the claimant are due under the Majithia Wage Board and the directions dated 7/2/2014 hence the same can be recovered under Section 17 (1) of the Act hence this application.
3. That the claimant has been demanding the said dues since the notification issued by the Central Government however, the management has been making excuses one after the other and has now refused to pay the same to the claimant out rightly. The claimant is thus entitled to the entire dues besides the interest @ 24% on the due amount with the cost of present proceedings.
4. That the management is also liable for prosecution for its act of violation of the WJ Act, the workman reserves his rights to initiated proceedings against the management in this regard besides imitating the contempt of court proceedings against the management.
5. That the management be directed to submit entire details regarding the implementation of the wage board recommendations before the labour authorities in compliance of the orders of the Supreme Court dated 23/8/2016, stated above failing which prosecution proceedings under Section 18 of the WJ Act be initiated against the management.
6. That the dues of the claimant detailing his entitlement under the Majithia Wag Board and the difference of the amount being paid to the claimant are given in ANNEXURE-A.
7. It may please be noted that the present application has been filed under Section 17 (1) of the WJ Act and the Labour Commissioner is directed to adjudicate the same in terms of the directions of the Supreme Court dated 23/8/2016 hence the same be done at the earliest. Since the employee has not preferred the application under Section 17 (2), the same can not be referred for adjudication under the misguided pressure of the management as the same would attract contempt of court against the labour commissioner.
PRAYER
It is therefore prayed that orders of Supreme Court be complied with a recovery certificate of the dues of the workman be issued and a status report to this effect be filed before the Supreme Court of India as directed.
EMPLOYEE
Name
Post
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