Summarize the following court judgment. ivil Appeal No. 202 of 1562. Appeal from the judgment and order dated March 10	 1961	 of the Andhra Pradesh High Court in Writ Petition No. 677 of 1958. A.V. Viswanatha Sastri	 Jayaram and R. Ganpathi lyer	 for the appellant. ' 102 V.K. Krishna Menon	 M. K. Ramamurthi	 R.K. Garg	 section C. Agarwal and D.P. Singh	 for the respondent No. 1. K. R. Chaudhuri and P.D. Menon	 for respondent No. 2 1963. April 18. The principal question which arises in this appeal is whether the respondent B. Somayajulu is a working journalist under section 2(b) of the Working Journalists Industrial Disputes Act 1955	 (No. 1 of 1955) (hereinafter called 'the Act '). That question arises in this way. On February 19	 1935	 the respondent was appointed a Correspondent at Guntur by the appellant	 the management of the Express Newspapers Ltd. He did that work continuously until October	 20	 1955 on which date his services were terminated. The Andhra Union of Working Journalists	 Elluru	 then took up the respondent 's cause and alleged that his services had been terminated by the appellant without any justification and that as a working journalist	 he was entitled to reinstatement and compensation for the period during which he was not allowed to work by the appellant in consequence of the order passed by the appellant terminating his services. This dispute was referred by the Government of Andhra Pradesh for adjudication to the Labour Court	 Guntur. The question referred for adjudication was whether the termination of services of Mr. B. Somayajulu	 Correspondent of Indian Express Newspapers at Guntur was justified? If not	 to what relief was he entitled? Before the Labour Court	 the respondent claimed that in addition to reinstatement	 compensation should be awarded to him from October 13	 1955 to May 1	 1956 at Rs. 75/ per mensem and thereafter up to the 103 date of reinstatement at the rate prescribed by the Wage Board for Working Journalists under the provisions of the Act. The appellant disputed this claim on several grounds. It urged that the Labour Court had no jurisdiction to entertain the reference	 because the appointment of the respondent had been made at Madras	 the money due to him was sent from Madras	 and so	 the appropriate Government which could have made the reference was the Madras Government and not the Government of Andhra Pradesh. This argument has been rejected by the Labour Court. It was also urged that the reference was invalid since the order of reference in terms did not refer to section 10 (1) (c) 01 ' the Industrial Disputes Act under which the power to refer had been exercised. The Labour Court repelled this contention as well. Then it was alleged that the dispute referred to the Labour Court for its adjudication was an individual dispute and had not been properly sponsored by any Union. The Labour Court was not impressed even by this plea. That is how the preliminary objections raised by the appellant were all rejected. On the merits	 the appellant urged that the respondent was not a working journalist under section 2(b) of the Act. In support of this plea the appellant averted that the respondent was a part time correspondent unattached to any particular newspaper establishment that a year or so later he was appointed as a selling agent of the publications of the appellant	 such as the Express Newspapers	 Dinamani and Andhra Pradesh at Guntur which assignment was given to him on his depositing Rs. 6	000/which was later raised to Rs. 7	000/ . According to the appellant	 as such selling agent	 the respondent was making on an average about Rs. 1	500/ per mensem as commission	 whereas	 as a correspondent he was first paid on lineage basis and later an honorarium was fixed at Rs. 50/ which was subsequently 104 raised to Rs. 75/ p.m. This latter amount was paid to him until his services were terminated. The appellant	 therefore	 contended that the avocation of a moffusil correspondent was not the respondent 's principal avocation	 and so	 he could not claim the benefit of the status of a working journalist under section 2(b) of the Act. The Labour Court took the view that parttime workers were outside the purview of the Act. It also referred incidentally to the commission which the respondent received as a selling agent and made some observations to the effect that the payment to the respondent for his work as a correspondent was very much less than the commission which he received from the appellant as its selling agent. It is common ground that some time before the respondent 's services as a correspondent were terminated	 his selling agency had also come to an end. From the award made by the Labour Court	 it is clear that the Labour Court decided the matter against the respondent solely on the ground that as a part time worker he could not be regarded as a working journalist	 and it made no finding on the question as to whether his principal avocation at the time when his services were terminated could be said to satisfy the test prescribed by the definition under section 2(b). The award made by the Labour Court was challenged by the respondent before the Andhra Pradesh High Court by a writ petition under Articles 226 and 227 of the Constitution. The High Court has held that the respondent is a working journalist under section 2(b) and so	 it has set aside the award passed by the Labour Court. There is no specific direction issued by the High Court remanding the proceedings between the parties to the Labour Court for disposal on the merits in accordance with law	 but that clearly is the effect of the order. It is against this decision that the appellant has come to this Court with a 105 certificate issued by the said High Court; and on behalf of the appellant	 the principal contention raised by Mr. Sastri is that the High Court was in 	error in holding that the respondent was a working journalist under section 9	(b). The Act which applied to the proceedings between the parties was the Act No. 1 of 1955. This Act came into force on March 12	 1955. It consists of only 3 sections. Section 1 gave the title of the Act; section 2 defined 'newspaper ' and 'working journalist ' by clauses (a) and (b); and section 3 made a general provision that the provisions of the applied to	 or in relation to	 working journalists as they applied to	 or in relation to workmen within the meaning of that Act. In other words	 the scheme of the Act was to define newspaper and working journalist and to make the provisions of the applicable to working journalists. This Act was followed by the working Journalists (Condition of Service) and Miscellaneous Provisions Act	 1955 (No. 45 of 1955). This Act consists of 21 sections and makes some specific provisions applicable to working journalists	 different from the relevant provisions of the . Section 2 (f) of this Act defines a working journalist. The definition prescribed by section 2 (f) of this Act is identical with the definition prescribed by section 2 (b) of the earlier Act	 and so	 for the purposes of the present appeal	 whatever we say about the scope and effect of the definition. of section 2 (b)in the earlier Act will apply to the definition prescribed by section 2 (f)of the latter. Section 3 of this latter Act makes the provisions of the 	 applicable to working. journalists. Sections 	4 and 5 make special provisions in respect of retrenchment and gratuity. Section 6 prescribes the hours of work; section 7 deals with problem of leave 106 section 8 provides for the constitution of a Wage Board; section 9 deals with the fixation of wages; section 10 requires ' the publication of the decision of the Board and its commencement	 while section 11 deals with the powers and procedure of the Board. Section 12 makes the decision of the Board binding and section 13 gives power to the Government to fix interim rates of wages. These provisions are contained in Chapter II. Chapter III consists of 2 sections 14 and 15 and they make applicable to the newspaper employees the provisions of the and the Employees ' Provident Funds Act	 1952. Chapter IV contains miscellaneous provisions	 such as those relating to the recovery of money due from an employer under section 17	 penalty under section 18 and indemnity under section 19. Section 20 confers the rule making power on the Central Government	 and section 21 repeals the earlier Act. In dealing with the question as to whether the respondent can be said to be a working journalist	 iris necessary to read the definition prescribed by section 2 (b) of the Act: "Working journalist ' means a person whose principal avocation is that of a journalist and who is employed as such in	 or in relation to	 any establishment for the production or publication of a newspaper or in	 or in relation to	 any news agency or syndicate supplying material for publication in any newspaper	 and includes an editor	 a leader writer	 news editor	 subeditor	 feature writer	 copy tester	 reporter	 correspondent	 cartoonist	 news photographer and proof reader	 but does not include any such person who (i) is employed mainly in a managerial or administrative capacity	 or 107 (ii) being employed in a supervisory capacity	 exercises	 either by the nature of the duties attached to the office or by reason of the powers vested in him	 functions mainly of a managerial nature. " It is plain that the definition prescribed by s.2 (b)consists of two parts; the first part provides what a working journalist means	 and the second part brings within its purview by an artificial extension certain specified categories of newspaper employees. It would be noticed that the first part provides for two conditions which must be satisfied by a journalist before he can be .held to be a working journalist. The first condition is that he must be a journalist whose principal avocation is that of a journalist	 and the second condition is that he must be employed as such in	 or in relation to	 any establishment as there specified. The first question which arises for our decision is whether the two conditions thus prescribed by the first part of the definition govern the categories of newspaper employees included in the definition by the artificial extention made by the including clause. The High Court has taken the view that the categories of employees who are included in the definition by name	 need not satisfy the two conditions prescribed by the first part. The argument is that since a correspondent	 for instance	 has been named in the second clause	 the whole object of the legislature was to make him a working journalist without requiring him tO satisfy the two conditions prescribed by the first part. In our opinion	 this construction is plainly erroneous. The object of the second clause was to make it clear that the employees specified in that clause are journalists and nothing more. The word "journalist" has not been defined in the Act and the legislature seems to have thought that disputes may arise as to whether a particular newspaper employee was a journalist or not. There Can	 of course	 be no difficulty about an editor or 108 a leader writer	 or a news editor or a sub editor being regarded as a journalist; but it was apparentIy apprehended that a difficulty may arise	 for instance	 in the case of a correspondent	 a proof reader	 a cartoonist	 a reporter	 a copy tester	 or a feature writer	 and so	 the legislature took the precaution of providing specifically that the employees enumerated in the latter clause are to be regarded as journalists for the purpose of the definition prescribed by section 9	 (b). The object of the artificial extension made by the including clause is not to dispense with the two main conditions prescribed by the definition before a journalist can be regarded as a working journalist. There can be no doubt that even the employees falling under the extended meaning must be employed as such. It is thus obvious that the second requirement prescribed by the first clause that the journalist must be employed as such in	 or in relation to	 any establishment for the production or publication of a newspaper	 as therein specified	 has to be satisfied by the employees falling under the latter clause	 because unless there was an employment by the newspaper establishment	 no relationship of employer and employee can arise	 and the journalists specified in the latter clause could not	 therefore	 claim the status of working journalist qua the employer who manages the journal in question. Once it is realised that the. test of employment must govern the employees specified in the latter clause	 it would become clear that the High Court was in error in assuming that the extended artificial definition of the working journalist dispensed with both the conditions prescribed by the first part of the said definition. That is why we think the extension was made by the word "includes" only for the purpose of removing any doubt as to whether the persons specified in the said clause are journalists or not. What is true about the condition as to employment is equally true about the other condition that a journalist can be a working journalist only where it is 109 shown that journalism is his principal avocation. In other words	 the position is that whenever an employee working in the newspaper establishment claims the status of a working journalist he has to establish first that he is a journalist	 and then that journalism is his principal avocation and he has been employed as such journalist. In proving the fact that he is a journalist	 the employees specified in the latter clause need not prove anything more than this that they fall under one or the other category specified in the said clause. But that only proves their status as journalist; they have still further to show that their principal avocation is that of a journalist and that they have been employed as such by the newspaper establishment in question. That takes us to the question as to what is meant by avocation? The High Court thought that the dictionary meaning of the word "avocation" which showed that it meant "a distraction or diversion from one 's regular employment"	 could be adopted in the context of section 2 (b). In support of this view	 the High Court has cited a passage from Fowler in Modern English Usage. Fowler says "Avocation originally a calling away	 an interruption	 a distraction	 was for some time commonly used as a synonym for vocation or calling	 with which it is properly in antithesis. This misuse is now less common	 and the word is generally used in the plural	 a person 's avocations being the things he devotes time to	 his persuits or engagements in general	 the affairs he has to see to; his vocation as such is neither excluded from	 nor necessarily included m	 his avocation." Applying this. dictionary meaning of the word ' 'avocation" the High Court has held that even if the respondent has to satisfy the first condition prescribed by the first part of section 2 (b)	 it can be held that he satisfied the said test	 because the work of a correspondent in his case can be safely said to be his principal avocation in the sense of 110 distraction or diversion from his regular employment. In our Opinion	 in applying mechanically the dictionary meaning of the word "avocation"without due regard to the context of section 2 (b) the High Court has adopted a somewhat pedantic approach. One has merely to read the definition to realise the word "avocation" used in section 2 (b) cannot possibly mean a distraction or diversion from one 's regular employment. On the contrary	 it plainly means one 's vocation	 calling or profession. The plain idea underlying section 2 (b) is that if a person is doing the work	 say of a correspondent	 and at the same time is pursuing some other calling or profession	 say that of a lawyer	 it is only where his calling as a 'journalist can be said to be his principal calling that the status of a working journalist can be assigned to him. That being the plain object of section 2 (b)	 it would	 think	 be	 on the whole	 inappropriate to adopt the dictionary or the etymological meaning of the word "avocation" in construing section 2 (b). We ought to add that Mr. Menon who appeared for the respondent did not attempt to support the approach adopted by the High Court in dealing with this point. Therefore	 when a question arises as to whether a journalist can be said to be a working journalist	 it has to be shown that journalism of whatever kind contemplated by section 2 (b) is the principal avocation of the person claiming the status of a working journalist and that naturally would involve an enquiry as to the gains made by him by pursuing the career of a journalist as compared with the gains made by him by the pursuit of other callings or professions. It is obvious that this test will be merely academic and of no significance in the case of full time journalists	 because in such cases the obvious presumption would be that their full time employment is their principal avocation and no question of comparing their income from journalism with income from other sources can arise. In fact	 the status of such full time journalists as 111 working journalists will not be affected even if in some cases the income received by them from such employment may be found to be less than	 say	 for instance	 the income from their ancestral property. This test assumes significance and importance only in the case of journalists who are employed on parttime basis. Reverting to the second requirement of employment which we have already seen must obviously govern the employees failing under the latter part of section 2 (b) if they seek the status of working journalists	 it is plain that an employment must be proved	 because that alone will create a relationship of employer and employee between them and the newspaper establishment. Unless there is an employ ment	 there can be no conditions of service and there would be no scope for making any claim under the Act. Thus the requirement of employment postulates conditions of service agreed between the parties subject to which the relationship of master and servant comes into existence. In the context	 employment must necessarily postulate exclusive employment	 because a working journalist cannot serve two employers	 for that would be inconsistent with the benefits which he is entitled to claim from his employer under the Act. Take the benefit of retrenchment compensation	 or gratuity	 or hours of work	 or leave; how is it possible for a journalist to claim these benefits from two or more employers? The whole scheme of the Act by which the provisions of the have been made applicable to working journalists	 necessarily assumes the relationship of employer and employee and that must mean exclusive employment by the employer on terms and conditions of service agreed between the parties. Normally	 employment contemplated by section 2(b) would be full time employment; but part time employment is not excluded from section 2(b) either. Most of the employees 112 falling under the first clause of section 2 (b) or even under the artificial extension prescribed by the later clause of section 2(b) would be full time employees. But it is theoretically possible that a news photographer	 for instance	 or a cartoonist may not necessarily be a full time employee. The modern trend of newspaper establishments appears to be to have on their rolls full time employees alone as working journalists; but on a fair construction of section 2(b)	 we do not think it would be possible to hold that a part time employee who satisfies the test prescribed by section 2(b) can be excluded from its purview merely because his employment is part time. The position	 therefore	 is that the Labour Court was m error in making a finding that the respondent was not a working journalist on the ground that he was a part time employee	 whereas the High Court is in error in holding that the respondent is an employee because he has not to satisfy the test that journalism is his principal avocation. As we have held	 the respondent can be said to be a working journalist only if he satisfies the two tests prescribed by the first part of section 2(b). The test that he should have been employed as a journalist would undoubtedly be satisfied because it is common ground that since 1935 he has been working as a correspondent of the appellant at Guntur and the payment which the appellant made to him by whatever name it was called was also regulated by an agreement between the parties; in its pleadings	 the appellant has	 however	 disputed the fact that the respondent was exclusively employed. by it and so	 that is one question which still remains to be tried. The further question which has to be considered is whether the respondent satisfies the other test: "was his working as a correspondent his principal avocation at the relevant time"? The definition requires that the respondent must show that he was a working journalist at the time when his services were terminated; 113 and that can be decided only on the evidence adduced by the parties. Unfortunately	 though the Labour Court has made certain observations on this point	 it has not considered all the evidence and has made no definite finding in that behalf. That was because it held that as a part time employee	 the respondent was outside section 2(b). The High Court has no doubt purported to make a finding even on this ground in the alternative	 but	 in our opinion	 the High Court should not have adopted this course in dealing with a writ petition under Articles 226 and 227. Even in dealing with this question	 the High Court appears to have been impressed by the fact that in discharging his work as a correspondent the respondent must have devoted a large part of his time; and it took the view that the test that journalism should be the principal avocation of the journalist implied a test as to how much time is spent in doing the work in question? The time spent by a journalist in discharging his duties as such may no doubt be relevant	 but it cannot be decisive. What would be relevant	 material and decisive is the gain made by the part time journalist by pursuing the profession of journalism as compared to the gain made by him by pursuing other vocations or professions. In dealing with this aspect of the matter	 it may no doubt be relevant to bear in mind the fact that some months before his services as a correspondent were terminated	 the respondent 's selling agency had come to an end	 and so	 the Labour Court may have to hold an enquiry into the question as to whether the respondent proves that the work of correspondent was his principal avocation at the relevant time in the light of the relevant facts. The onus to prove this issue as well as the issue as to whether he was in the exclusive employment of the appellant lies on the respondent	 because his claim that he is a working journalist on these grounds is disputed by the appellant	 and it is only if he establishes the fact that he is a working journalist that the 114 question as to determining the relief to which he is entitled may arise. We	 therefore	 allow the appeal	 set aside the order passed by the High Court and remand the case to the Labour Court with a direction that it should deal with the dispute between the parties in accordance with law in the light of this judgment. There would be no order as to costs. Before we part with this appeal	 however	 we would incidentally like to refer to the fact that the test of the principal avocation prescribed by section has presumably been adopted by the legislature from the recommendations made by the Press Commission in its report. In paragraph 505	 dealing with the question of working journalists	 the Commission observed that it thought that "only those whose professed avocation and the principal means of livelihood is journalism should be regarded as working .journalists	 and it added that we have deliberately included the words "professed avocation" because we have come across cases where persons belonging to some other professions	 such as law	 medicine	 education	 have devoted part of their time to the supply of news to and writing articles for	 newspapers. It may be that in the case of some of them	 particularly during the earlier years of their professional career	 income from the practice of their own profession. But it would not	 on that account	 be correct to classify them as working journalists. so long as their professed avocation is other than journalism. " It would be noticed that the expression "professed avocation" has not been adopted by the legislature instead	 it has used the words "principal avocation". That is why we are inclined to take the view that the time taken by a person in pursuing two different.professions may not be decisive; what would be decisive is the income derived by him from the different professions respectively. It does appear that the legislature was inclined to take the view that if a person following the profession of law in 115 the early years of his career received more money from journalistic work and satisfied the other tests prescribed by section 2(b)	 he may not be excluded from the definition merely because he is following another profession. To that extent	 the provision of section 2(b) departs from a part of the recommendation made by the Press Commission. In regard to part time employees who	 as we have held	 are not necessarily excluded from section 2(b) the position appears to be that the report by the Wage Committee appointed by the Union Government under the provisions of Act 45 of 1955	 shows that the Committee treated some part time employees as working journalists. In paragraph 103	 the committee has observed that it had provided a regular scale or retainer for part time correspondents	 and it has added that the remuneration in accordance with that scale will be available to the part time correspondents only if	 in accordance with the definition in paragraph 23	 Part II	 of its recommendations	 their principal avocation is journalism. The Committee noticed the fact that many of the part time correspondents employed by newspaper establishments would not fall within the definition if their principal avocation is something else and journalism is only a side business	 and it added that the problem of the said class of part time correspondents was not within the purview of its terms of reference	 and so	 it made no recommendations in regard to that class. Appeal allowed. Case remanded.

The reapondent 's services as a correspondent at Guntur under the appellant were terminated. The Andhra Union of Working Journalists	 Elluru	 took up the respondent 's cause and alleged that his services had been terminated by the appellant without any justification and that as a working journalist	 he was entitled to reinstatement and compensation. the dispute was referred to the Labour Court	 Gunrut	 by the Government of Andhra Pradesh. The appellant raised preliminary objections before the Labour Court	 which were all rejected. On the merits	 the appellant contended that the avocation of a moffusil correspondent was not the respondent 's principal avocation	 and so	 he could not claim the benefit of the status of a working journalist under section 2 (b) of the Act. The Labour Court decided the matter against the respondent solely on the ground that as a part time worker he could not be regarded as a working journalist	 and it made no finding on the question as to whether his principal avocation at the time when his services were terminated could be said to satisfy the teat prescribed by the definition under section 2 (b) of the Act. The award was challenged by the respondent by a writ petition before the High Court of Andhra Pradesh. The High Court held that the respondent was a working journalist under section 2 (b) of the Act and so it set aside the award. On appeal by certificate the appellant 's principal contention in this Court was that the High Court was in error in holding that the respondent was a working journalist under section 2 (b) of the Act. Held that whenever an employee working in a newspaper establishment claims the status of a working journalist	 101 he has to establish first that he is a journalist	 and then that journalism is his principal avocation and he has been employed as such journalist. In proving the fact that he is a journalist	 the employees specified in the latter clause of section 2 (b) of the Act need not prove anything more than this that they fail under one or the other category specified in the said clause. But that only proves their status as journalist; they have still further to show that their principal avocation is that of a journalist and that they have been employed as such by the newspaper establishment in question. The object of the artificial extention made by the including clause is not to dispense with the two main conditions prescribed by the definition before a journalist can be regarded as a working journalist. Having regard to the context of section 2 (b) it would be inappropriate to adopt the dictionary or the etymological meaning of the word "avocation" in construing s 2 (b)of the Act. Held further that normally employment contemplated by 2 (b) would be full time employment but part time employment is not excluded from section 2 (b) either. On a fair construction of section 2 (b)	 it would be impossible to hold that a part time employee who satisfies the test prescribed by section 2 (b) can be excluded from its purview merely because his employment is part time. In the present case	 the onus to prove the issue as to whether the work of a correspondent was his principal avocation at the relevant time in the light of the relevant facts. as well as	 the issue as to whether he was in the exclusive employment of the appellant lies on the respondent and it is only if he establishes the fact that he is a working journalist	 the question as to determining the relief to which he is entitled may arise.