Bombay High Court hearing on petitions ruled out that working journalists are not classified as 'employees' under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act due to their special status.
The judgment of HC further states that if a working journalist files a complaint under these acts before an industrial court, the court would likely deem the complaint as not meeting the necessary conditions for consideration.
A division bench of Justices Nitin Jamdar and Sandeep Marne made the judgment 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 judgment 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, of 1955 had 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 high court then stated.
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