The Chief Secretary
Sub: Non compliance of the orders of Hon’ble Supreme Court of India by the officials of the labour department at Jaipur Rajasthan.
We are the employees of M/s .Dainik Bhaskar D.B.Corp.LTD. having their office at 640 Shastri Nagar CAD Circle Dadabadi Kota Rajasthan 324009. The management named above has refused to pay the benefits of Majithia Wage Board to the employees despite specific directions dated 7/2/2014 issued by the Hon’ble Supreme Court of India in WP ( C ) No. 246/11. We have filed Contempt of Court Petition bearing No. 128/2015 against the said employers wherein the Supreme Court vide its earlier orders had directed for action by the Labour Authorities empowered under the Working Journalists Act. The Supreme Court vide its orders dated 14/3/2016 has now fixed various dates for compliance of its orders which are reproduced as under for your perusal as well as compliance:
“O R D E R
All these cases will now be heard finally on19th July, 2016. Registry is directed to list the cases on the top of the list on the said date. The reports submitted on behalf of the
States of Meghalaya, Himachal Pradesh and the Union Territory of Puducherry are taken on record and we have pursued the same. Insofar as the States and Union Territories in respect of which reports have been filed and compliance of the order of this Court is partial, we make it clear that all concerned establishments which are yet to comply with the order of the Court would do so on or before the date fixed i.e. 19th.
So far as the States of Uttar Pradesh(partial), Uttarakhand, Odisha, West Bengal,
Telangana, Andhra Pradesh, Karnataka, Tamil Nadu, Kerala, Goa and Assam are concerned, we direct that the reports in terms of this Court’s Order dated 28th April, 2015 be filed on or before the 5th July, 2016, failing which the Chief Secretaries of the States will appear in-person on 19th July, 2016. Objections, if any, to such reports as may be filed shall be brought on record on or before 12th July, 2016.
We have also taken note of the various interlocutory applications that have been filed alleging wrongful termination of services and fraudulent surrender of the rights under the Wage Board recommendations to avoid liabilities in terms of the order of the Court. As such complaints received till date are substantial in number, this Court is not in a position to individually examine each case.
We, therefore, direct the Labour Commissioner of each of the States to look into all such grievances and on determination of the same file necessary reports before the Court which will also be so filed on or before 12th July, 2016. We grant liberty to each of the individual employees who have filed the interlocutory applications and also such employees who are yet to approach this Court but have a grievance of the kind indicated above to move the Labour Commissioner of the State concerned in terms of the present order.”
We are constrained to report to you that the aforesaid orders of the Apex Court of the country is gathering dust in the files of the labour department of your government in utter disregard of the aforesaid orders of Supreme Court and the designated officers have not completed the action as directed till date.We feel that the time limit as prescribed by the Supreme Court would not be met under these circumstances thereby forcing us to approach the court again against your good office for non compliance of the orders of the court. We therefore bring to your notice the aforesaid fact and seek your indulgence for timely conclusion of the proceedings and filing of the report before the Supreme Court as per the time lines prescribed.
This for your information and action if any.
Alok Babu Shahar
Dainik Bhaskar kota