SBCWP NO.2531/02 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.2531/2002. Fateh Singh and another Vs. State of Rajasthan and others Date of order:- January 20, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Neeraj Bhatt for the petitioners. Shri Hemant Gupta, Additional Government Counsel. **** BY THE COURT:- This writ petition has been filed by petitioner Fateh Singh, President, Navjyoti Karmchari Singh and Member of the State Level Committee for Implementation of Manisana Wage Board Recommendation and Navjyoti Karmchari Sangh through its Secretary Shri Rajendra Gupta with the prayer that the respondents be directed to implement the recommendation of wage board, agreed and modified and published by the Central Government Gazette of India vide Extraordinary dated 15/12/2000 within a specified period. SBCWP NO.2531/02 2 2) Shri Neeraj Bhatt, learned counsel for the petitioners has argued that Ministry of Labour, Government of India constituted the wage board under the provisions of Working Generalist Condition of Service Employees Provisions Act for the purpose of enabling the Central Government to revise revise rates of wages of existing journalist and non journalists, Newspaper employees and news agency employees. Such wage board is headed by the retired Judge of Supreme Court or High Court. Such wage board submitted its recommendation to the Central Government as far as back on 25/7/2000. These recommendations are popularly known as “Manisana Wage Board Recommendation”, which came into effect from 1/4/1988 in respect of News Paper establishment of Clause III and above and w.e.f. 1/6/1999 in respect of News Paper establishment of Clauses IV to V and w.e.f. 1/4/2000 in respect of News Paper establishment of Clauses VI to IX. The said Manisana Wage Board Award has also been published in the Gazette of India (Extraordinary) dated 5/12/2000 and thereafter again 15/12/2000 incorporating certain modifications therein by the Central Government in exercise of its powers under Section 12 of the News Papers Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955. The recommendations of Manisana Wage Board Award are applicable as per their class and group on the SBCWP NO.2531/02 3 newspapers establishments published in the State of Rajasthan. The Department of Labour Government of Rajasthan vide order dated 4/4/2001 constituted a Tripartite committee to look into the matter. Copy of the same is placed on record. It is argued that even though number of meetings of such committee have been taken place to implement the recommendations of Manisana Wage Board but so far the recommendations thereof have not been given effect to. The government is reluctant to implement recommendations of the Manisana Wage Board and meeting of the said committee has not been held for a long time. Petitioner made number of representations to the government for the purpose but no action has been taken. Therefore, the writ petition may be allowed. 3) Shri Hemant Gupta, learned Additional Government Counsel opposed the writ petition. Respondents have filed reply, in which they have denied the allegations that the State Government is not implementing the recommendations of the Manisana Wage Board. It is contended that in fact the committee in its meeting held on 19/4/2001 (Ann.R/1) has seriously discussed various aspects of the award for its implementation and petitioner No.1 has been nominated as member of the State Level Committee. Meeting last held on 19/4/2001 and since thereafter State Government was changed, therefore further SBCWP NO.2531/02 4 meeting could not be held. Respondents have placed on record copy of the minutes of the meeting of the State Level Committee held on 19/4/2001 and have also placed on record the copy of the order dated 19/8/2002 whereby, State Level Committee was reconstituted. It is argued that the State Government is very much conscious about the necessity of implementation of the recommendations of the Manisana Wage Board from an early date which in fact is the logical result of the agreement between the parties. 4) I have given my anxious consideration to the rival submissions and perused the material available on record. 5) It is evident from the pleadings of the parties that there is no dispute on the question of necessity of implementing the recommendations of the Manisana Wage Board award. The recommendations of the Manisana Wage Board award is applicable as per classification made and group of the newspapers establishments published in the State of Rajasthan. Its recommendations have been made effective from different dates for different category of employees of establishment. Meeting of the State Level Committee was held as long ago as on 19/4/2001 and almost eight years have been gone by from the date of constitution of the said committee. Though, SBCWP NO.2531/02 5 learned Additional Government Counsel submitted that State Government is serious about implementing the recommendations of the Manisana Wage Board award but in fact fo far no progress has taken place. 6) Having regard to the facts of the case and keeping in view the laudable object of the provisions of the Working Journalists and other Newspaper Employees (Conditions of Service) and Misc.Provisions Act, 1955, the writ petition is disposed of with direction to the State Government to expedite the process of implementation of the recommendations of the Manisana Wage Board award and take a final view on the subject-matter within a period of one year from the date of production of certified copy of this order before it. Writ petition is accordingly disposed of with the aforesaid direction. (MOHAMMAD RAFIQ), J. anil