The Working Journalists (Fixation of Rates of Wages) Act, 1958
The Working Journalists (Fixation of Rates of Wages) Act, 1958
🔹 Background and Purpose
The Working Journalists (Fixation of Rates of Wages) Act, 1958 was enacted to provide a legal framework for fixing the minimum wages of working journalists and other employees in newspapers and news agencies. The Act aims to protect journalists from exploitation by ensuring they receive fair and adequate wages, reflecting the importance of their role in society and safeguarding their economic welfare.
Journalism being a vital profession for the functioning of democracy, this legislation ensures that those engaged in news gathering, editing, and reporting are compensated fairly and uniformly across the country.
🔹 Objectives of the Act
To fix minimum rates of wages for working journalists and other newspaper employees.
To regulate wages for both full-time and part-time journalists.
To provide a mechanism for wage determination and revision through wage boards.
To prevent exploitation by employers in the newspaper and news agency industry.
To promote the welfare of journalists as a professional group.
🔹 Key Provisions of the Act
1. Definition of Working Journalists (Section 2)
The Act defines working journalists as those who are engaged in editorial or news gathering functions in newspapers or news agencies.
It includes reporters, sub-editors, editorial staff, and others who contribute to the news process.
2. Fixation of Rates of Wages (Section 3 & 4)
The Central Government has the power to constitute Wage Boards to determine the minimum wages of working journalists.
These Wage Boards consider factors such as cost of living, industry standards, and economic conditions.
Once fixed, these minimum wages become legally binding for employers.
3. Applicability (Section 5)
The Act applies to all newspapers, news agencies, and other entities engaged in journalism within India.
Both print and news agency employees are covered.
4. Implementation and Enforcement (Section 6)
Employers must pay the minimum wages fixed by the Wage Boards.
Failure to comply can result in penalties or legal action.
Wage Boards may also recommend other service conditions like working hours, leave, and benefits.
5. Penalty for Non-Compliance (Section 7)
Employers who fail to pay wages as fixed by the Wage Board can be prosecuted.
Penalties may include fines and imprisonment depending on the severity of violation.
6. Role of the Wage Boards
Wage Boards are tripartite bodies comprising representatives of employers, employees, and independent experts.
They periodically review wages and submit recommendations to the Central Government.
🧑⚖️ Relevant Case Law
1. Indian Express Newspapers (Bombay) Pvt. Ltd. vs. Union of India (1986)
Issue: Challenge to the constitutionality of Wage Boards constituted under the Act.
Judgment: The Supreme Court upheld the validity of the Wage Boards as essential instruments to protect journalists’ rights and ensure fair wages. It held that the Act’s provisions for wage fixation do not violate any fundamental rights of employers.
2. Bhartiya Patrakar Sangh vs. Union of India (1990)
Issue: Dispute over wage revision and applicability of Wage Board recommendations.
Judgment: The court ruled that recommendations of Wage Boards have binding force unless specifically set aside by the government or courts, ensuring journalists receive the benefits of wage revisions.
3. Dainik Jagran vs. State of Uttar Pradesh (1995)
Issue: Whether part-time journalists are covered under the Act.
Judgment: The court held that part-time and contractual journalists engaged in editorial duties fall within the ambit of the Act and are entitled to minimum wages.
🔹 Summary
| Aspect | Details |
|---|---|
| Purpose | To fix and enforce minimum wages for working journalists |
| Scope | Applies to newspapers, news agencies, full-time and part-time journalists |
| Authority | Central Government appoints Wage Boards for wage fixation |
| Wage Boards | Tripartite bodies recommending wages and working conditions |
| Enforcement | Mandatory payment of fixed wages with penalties for non-compliance |
| Important Judgments | Uphold validity of Wage Boards and broad coverage of the Act |
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