Journalists not employees Labor Practices Act: Bombay High Court

Mumbai High Court has said that journalists have special status. They do not come under the category of employees under the Labor Act. As a result, a complaint filed by a working journalist under these Acts before an industrial court will not be maintainable, a division bench of Justices Nitin Jamdar and Sandeep Marne said in its order issued recently.

The HC said they enjoy a special status under the provisions of the Working Journalists Act and have a recourse to settle their disputes under the Industrial Disputes Act.

The judgment came on petitions filed by two working journalists challenging industrial court orders in 2019 that rejected their complaints on the grounds that working journalists were employees or workers under the Prevention of Unfair Labor Practices Act. Do not come under the tenure of

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

Dismissing the petitions, the HC said that working journalists constitute a distinct class with unique privileges and protections in their employment under the Working Journalists Act.

The High Court said, “If there is no difference between a working journalist and a working journalist, it cannot be that a working journalist continues to get special facilities while other employees, including non-working journalists, are deprived of the same.”

The High Court said that the scheme of the Working Journalists Act would reflect a special status given to working journalists. The Working Journalists Act was enacted to provide a special status to working journalists and disputes should be settled as per the provisions of the Industrial Disputes Act.