ABP PVT. LTD. & ANR. versus UNION OF INDIA & ORS.

Citation: [2014] 2 S.C.R. 393 · Decided: 07-02-2014 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Dismissed

Judgment (excerpt)

[2014) 2 S.C.R. 393 
ABP PVT. LTD. & ANR. 
v. 
UNION OF INDIA & ORS. 
(Writ Petition (Civil) No. 246 of 2011 etc.) 
FEBRUARY 07, 2014 
[P. SATHASIVAM, CJI, RANJAN GOGOi AND SHIVA 
KIRTI SINGH, JJ.) 
CONSTITUTION OF IND/A, 1950: 
A 
B 
c 
Arls. 14, 19(1)(a) and 19(1)(g) - Constitutional validity of 
Working Journalists and Other Newspaper Employees 
(Conditions of Service) and Miscellaneous Provisions Act, 
1955 and Amendment Act of 1974 - Held: In Express 
Newspaper, the Constitution Bench has held the 1955 Act as 0 
intra vires the Constitution - The Act being a beneficent 
legislation intended to regulate conditions of service of working 
journalists does not have the effect of taking away or abridging 
the freedom of speech and expression of petitioners-
newspapers and does not, therefore, infringe Arl. 19(1)(a) of 
the Constitution - Nor could it be held to be violative of Arl. E 
19(1 )(g) of the Constitution in view of the test of 
reasonableness - Challenge as to the singling out of 
newspaper industry per se was rejected by the Constitution 
Bench holding it to be a class by itself- The 1974 amendment 
Act brought the other employees of newspaper industry (i.e. 
F 
non-working journalists) into the ambit of the Act and extended 
the benefits of the Act to them - Thus, the same is also covered 
as per the reasoning of the Constitution Bench decision -
Mere passage of time by itself would not result in invalidation 
of the Act and its object -- Challenge as to the vires of the Act G 
on the premise of it being ultra vires the Constitution and 
violative of fundamental rights is wholly unfounded, baseless 
and completely untenable. 
393 
H 
394 
SUPREME COURT REPORTS 
[2014] 2 S.C.R. 
A 
WORKING 
JOURNALISTS 
AND 
OTHER 
B 
NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) 
AND MISCELLANEOUS PROVISIONS ACT, 1955: 
ss. 9 and 13-C - Government of India Notification dated 
11. 11. 2011 notifying the recommenda.tions of Justice Majithia 
Wage Boards - Held: As regards constitution of Wage Boards, 
merely because a person had been in the employment of the 
Government, he does not cease to become "independent" for 
the purposes of being a member of the Committee to 
recommend the fixing of wages - AL-gation of bias against 
C 
independent members of Wage Boards, being based merely 
on their past status, is entirely baseless in law and amounts 
to imputing motives - Administrative law - Legal bias. 
ss. 9 and 13 - Composition of Wage Boards - Held: To 
o have common representatives of the employers on the two 
Wage Boards, four independent members, including the 
Chairman being common for both the Wage Boards, and 
separate set of members representing working journalists and 
members representing non-journalist newspaper employees 
E 
in no way affects the interest of the employers and the 
challenge of the petitioners in this regard is unfounded. 
s.11(1) r/w s.10(1) - Procedure followed by Wage Boards 
- Held: Wage Board has special powers to regulate its own 
procedure -- As long as it follows the principles of natural 
F 
justice and fairness, its functioning cannot be called into 
question on the ground of irregularity in the procedure - In the 
instant case, detailed questionnaires were issued to 
newspaper establishments, notices inviting representations 
were published in 125 newspapers -- Wage Boards 
G 
conducted a series of meetings and gave ample opportunities 
to the employers to make their point of view known to the 
Board by written and oral representatioRs-=- Court is satisfied 
that the decision making process stands valid - The. 
petitioners, having eluded to submit the data, cannot be 
H allowed to take advantage of their own wrong and impugn the 
ABP PVT. LTD. & ANR. v. UNION OF INDIA & ORS. 
395 
recommendations of Wage Boards - Further, no prejudice is 
A 
caused to employers by classifying them in eight categories 
on the basis of gross tum over - There is no irregularity in the 
procedure adopted by Wage Boards. 
s. 10(2) and 12 - Recommendations of Wage Boards and 
8 
its acceptance by Central Government - Held: capacity of 
newspaper industry to pay is one of the essential 
circumstances to be taken into consideration while fixing rates 
of wages under the Act - Comprehensive and detailed study 
has been carried out by Wage Boards by collecting all relevant C 
materials 
for the 
purpose of wage 
revision 
-
Recommendations are arrived at after weighing the pros and 
cons of various methods in the p

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