Working journalists
do not fall in the definition of employees under the Maharashtra Recognition of
Trade Unions and Prevention of Unfair Labour Practices Act as they enjoy a
special status, the Bombay High Court has said.
Consequently, a
complaint filed by a working journalist under these Acts before an industrial
court would not be maintainable, a division bench of Justices Nitin Jamdar and
Sandeep Marne said in its order of February 29.
They enjoy a
special status under provisions of the Working Journalists Act and have a
recourse to settle their disputes under the Industrial Disputes Act, the HC
said.
The judgement
came on petitions filed by two working journalists challenging orders of the
industrial court in 2019 rejecting their complaints on the ground that working
journalists did not fall within the term of employee or workman under the
Prevention of Unfair Labour Practices Act.
The bench noted
that the Working Journalists Act, 1955 has already established a mechanism for
dispute resolution under the Industrial Disputes Act.
While dismissing
the petitions, the HC noted said working journalists constitute a different
class with unique privileges and protections in their employment under the
Working Journalists Act.
"If there is
no difference between the working journalist and workmen then it cannot be that
the working journalist retains special privileges while they are denied to
other workmen including non-working journalists," the high court said.
"The scheme
of the Working Journalists Act would demonstrate a special status conferred on
the working journalists. The Working Journalists Act was enacted to confer a
special status on the working journalists and the disputes must be settled
according to the provisions of the Industrial Disputes Act," the HC said.