Newspaper definition and valid classification under labour law upheld for Government Press proof-readers under the Working Journalists Act.

A printed official periodical carrying public news and notifications can fall within the statutory meaning of a newspaper, and proof-readers employed in that newspaper establishment can satisfy the definition of working journalist. On that basis, the Gazette of India published by the Government of India Press was treated as a newspaper and the petitioners were held to be working journalists under the Act. Section 19-B, which withdraws the Act's benefit from Government employees governed by the specified service rules, was applied to the petitioners and was held not to violate Article 14 because the classification had an intelligible differentia and a rational nexus with the Act's object.

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Issues: (i) whether the Gazette of India published by the Government of India Press is a newspaper within the meaning of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, and whether proof-readers employed in that press fall within the statutory definition of working journalist; (ii) whether section 19-B of the Act applies to Government employees governed by the specified service rules and whether that provision is unconstitutional as violating Article 14 of the Constitution of India.

Issue (i): whether the Gazette of India published by the Government of India Press is a newspaper within the meaning of the Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955, and whether proof-readers employed in that press fall within the statutory definition of working journalist

Analysis: The definition of newspaper is wide enough to cover a printed periodical work containing public news, and the Gazette of India was found to be an official periodical carrying reports and notifications of recent events and matters meant for public information. The statutory definition of working journalist expressly includes a proof-reader employed in relation to a newspaper establishment. On that basis, the petitioners were held to answer the description of working journalists for the purposes of the Act.

Conclusion: The Gazette of India was held to be a newspaper, and the petitioners were held to fall within the definition of working journalist.

Issue (ii): whether section 19-B of the Act applies to Government employees governed by the specified service rules and whether that provision is unconstitutional as violating Article 14 of the Constitution of India

Analysis: Section 19-B withdraws the benefit of the Act from a working journalist who is an employee of the Government and to whom the specified service rules or regulations apply. The petitioners were held to be within that class notwithstanding that they were also subject to labour legislation. The classification between Government employees governed by such rules and other working journalists was treated as founded on an intelligible differentia having a rational relation to the object of the legislation, namely the amelioration of service conditions in the newspaper industry. The alleged disparity in working hours with other Government proof-readers did not render the provision unconstitutional.

Conclusion: Section 19-B was held applicable to the petitioners and was held not to offend Article 14.

Final Conclusion: The petitioners were not entitled to the relief claimed under the Act, and their challenge to the saving provision failed.

Ratio Decidendi: A printed official periodical conveying public news and information can fall within the statutory meaning of newspaper, and a legislative classification excluding Government employees governed by specified service rules from the Act's benefits is valid if it rests on an intelligible differentia with a rational nexus to the statutory object.

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