Journalists’ special status excludes them from Unfair Labour Act, says Bombay HC

: The Bombay High Court clarified that working journalists are not classified as employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. In its ruling on February 29, the court stated that due to their unique status, journalists cannot file complaints under this Act before an industrial court.

Highlighting the distinct position of journalists under the Working Journalists Act, the division bench, comprising Justices Nitin Jamdar and Sandeep Marne, highlighted the alternatives available to journalists through the Industrial Disputes Act rather than the 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 court’s judgment originated from two petitions filed by journalists against their employers—one who was dismissed and another who was transferred. Both sought redressal under the MRTU & PULP Act. Arguments from both journalists and their respective newspaper establishments were considered before the court made its decision.

Upholding the unique privileges afforded to journalists under the Working Journalists Act, the High Court maintained that disputes should be resolved within the framework provided by the Industrial Disputes Act, as the Working Journalists Act already outlines mechanisms for dispute resolution.

The court’s scrutiny delved into whether journalists, covered by the Working Journalists Act, could be classified as employees under the MRTU and PULP Act, which defines an employee as a workman. Dismissing the petitions, the court highlighted the special status and protections granted to journalists under the Working Journalists Act.

“The scheme of the Working Journalists Act demonstrates the special status conferred on journalists,” the court asserted. It underscored that disputes involving journalists should be settled according to the provisions of the Industrial Disputes Act, signalling the necessity for adherence to the specialised framework governing journalists’ employment.

The matter has been referred back to the single bench for further proceedings.