LexTHE MANAGEMENT OF DAILY PRATAP versus THEIR KATIBS
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-438 THE MANAGEMENT OF DAU..Y PRATA!' v. TllEllt KATIBS May 1, 1972 (C. A. VAIDIALINGAM AND D. G. PALEKAR, JJ.J Working Journalists (Conditions of service) and Miscel/aneour Pro- •visions Act 45 of 1955 s. 2(/)-Katibs of Urdu newspaper whether Workin2 lournali~ts. A B The Wage Board constituted by the Central Government in 1963 under s. 9 of the Working Journaliatl; (Condition of service) and Misce!- C laneous Provisions Act 45 of 1955 ddined "calligraphist" a5 an "artist who P.erforms journalistic work and also oallii,;raphll matters." "Artist", according to tlY• Wage lloard "is a person who prepares for publication .drawing, layouts, maps graph; or other similar embellishment, illustrations of any kind or creative art. He may do some or all of theoe functions." Calligraphists welre included among working journalists by the Wage Board. The respondents who were Katibs in too employment of the appellant claimed that they were "calligraphists" and therefore working D journalists and as such entitled to the wages recommended by the Wage Board. The industrial dispute in this connection was decided by the Labour Court in favour of the respondents. The decision of the Labour Court was challenged by the appellant in this Court under Art. 136 of the Constitution. H was urged on behalf of the appellant inter alia that the respondents did not satisfy the definition of 'Working Journalist' in s. 2(f) of the Aot under which two conditions must be satisfied namely, (I) He must be a person whose principal avocation is that of a journalist; E .and. (2) He must be employed as such, or in relation to any eslablish- n1ent as specified in the definition. HELD: (i) To come within the definition of "Calligraphist" three- conditions have to boo satisfied by the employer; (!) He must be an Artist; (2) He should perform journalistic wdrk; (3) He should also calligraph matters. [444 El The evidence established, and the appellant had conceded before the Labour Court, that Katibs calligraph matter. The evidence also established that Katibs prepare for publication drawing, layouts and other similar embellishments. The Labour Court's finding that the respondents were artists as defined by the Wage Board was correct. [445 D-El Thr~ Katibs according to the evidence, make corrections in the draftS furnished to them by the Editor. They even sometimes substitute words, compress and enlarge the matters according to the availability of space and sometimes edit. They also correct mistakes in the matter sent to them. All this clearly went to establish that in the course of their duties the respondents performed journalistic work .. [448 DJ Thus Katibs are Artists who perform journalistic work and who also calligraph matters. Accordingly they satisfy the definition of 'callig'ra- phist' as per the Wage Board Recommendations and they me 'working "journalists under s. 2(f) of the Act. Therefore the Labour Court was right in holding that they were entitl<od to the higher scale of wages re- commended by the Wage Board for calligraphist and accepted by the C'..entral Government. [449 A-BJ F G H A B c D DAILY PRATAP v. KATIBS (Vaidlalingam, /.) 439 (ii) The contention of the appellant that the respondP.nts did n<Yl satisfy the definition of working journalist ins. 2\f~ .could not be accepted. When once the Wage Board hs given the defimt10n of a C~lhgraphist and included persons coming under that c~egorv. m the defirutton of a 'working journalist' the only test to be apphed will b~ .whet~er tne per• son concerned satisfied the requirenrents of the de.fim!ion g1wn by the Wage Board. Unde'r th·' conditions on which ;pec1al leave was granted in the present case it was no longµr open to ~he appeHant. to q~estt~n the jurisdiction of. the Wage lloard when it included calligraphists m the definition of 'working journalist'. [446 G] Further, in the case of the Management ·of Erple.r.r Newspapers Ltd. v. B. ·so1nayt1julu and other.~. this Court while de3Jing \VJ.th a provisio11 sub•tantially similar to s. 2(f) clearly defined .-·ocatiou as ,,n,,'s .:ailing or pr0fcssion. It has been further laid down therein that when a journalist is in full time employment, there is no difficulty in holding what his principal avocation is. Again dealing with the requirermnt of 'being employed as such', which also accured ins. 2(fl, it is laid down that.the requirement of employment is necessary
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