Journalists not employees under Unfair Labour Practices Act as they enjoy special status: HC

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 this Act 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.

The division bench emphasised that journalists hold a distinctive status under the Working Journalists Act, enabling them to address disputes through the Industrial Disputes Act rather than the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act (MRTU and PULP Act).

The issue was passed on a reference to the division bench by a single judge of the high court, who found that there were conflicting judgments regarding the eligibility of working journalists to file complaints under the MRTU and PULP Act. The judgment was passed on two petitions filed by two working journalists against their respective newspaper establishments.

One of the petitioners was dismissed by his employee while the other had been transferred.

The high court considered the arguments put forth by both working journalists and newspaper establishments regarding the applicability of the Working Journalists Act and the MRTU and PULP Act. Ultimately, the High Court upheld the special privileges granted to working journalists under the Working Journalists Act, emphasising the need for disputes to be resolved as per the provisions outlined in the Industrial Disputes Act.

The bench noted that the Working Journalists Act, of 1955, has already established a mechanism for dispute resolution under the Industrial Disputes Act.

The HC was looking into whether working journalists, who are covered by the special provisions of the Working Journalists Act, can be considered employees under the MRTU and PULP Act which defines an employee as a workman.

While dismissing the petitions, the HC noted that 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.

The matter was referred back to the single bench for passing an appropriate order.