# 438 THE MANAGEMENT OF DAU Y PRATA!' v. TllEllt KATIBS

- **Citation:** [1973] 1 S.C.R. 438
- **Court:** Supreme Court of India
- **Decided:** 1972-05-01
- **Bench:** C. A. Vaidialingam, D. G. Palekar
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/438-the-management-of-dau-y-prata-v-tllellt-katibs-5808
- **Pages:** 12

## Headnote

Working Journalists (Conditions of service) and Miscel/aneour Pro-
•visions Act 45 of 1955 s.
2(/)-Katibs of Urdu
newspaper whether
Workin2 lournali~ts.
A
B
The Wage Board constituted by the
Central Government in
1963
under s. 9 of the Working Journaliatl; (Condition of service) and Misce!-
C
laneous Provisions Act 45 of 1955 ddined "calligraphist" a5 an "artist
who P.erforms journalistic work and also oallii,;raphll matters." "Artist",
according to tlY• Wage lloard "is a person who prepares for publication
.drawing, layouts, maps graph; or other similar embellishment, illustrations
of any kind or creative art. He may do some or all of theoe functions."
Calligraphists welre included among
working journalists by the
Wage
Board. The respondents who
were Katibs in too employment of the
appellant claimed that they were "calligraphists" and therefore working
D
journalists and as such entitled to the wages recommended by the Wage
Board. The industrial dispute in this connection was decided by the
Labour Court in favour of the respondents. The decision of the Labour
Court was challenged by the appellant in this Court under Art. 136 of
the Constitution. H was urged on behalf of the appellant inter alia that
the respondents did not satisfy the definition of 'Working Journalist' in
s. 2(f) of the Aot under which two conditions must be satisfied namely,
(I) He must be a person whose principal avocation is that of a journalist;
E
.and. (2) He must be employed as such, or in relation to any eslablishn1ent as specified in the definition.
HELD: (i) To come within the definition of "Calligraphist" threeconditions have to boo satisfied by the employer; (!) He must be an
Artist; (2) He should perform
journalistic wdrk; (3) He should
also
calligraph matters. [444 El
The evidence established, and the appellant had conceded before the
Labour Court, that Katibs calligraph matter. The evidence also established
that Katibs prepare for publication drawing, layouts and other similar
embellishments. The Labour Court's finding that the respondents were
artists as defined by the Wage Board was correct. [445 D-El
Thr~ Katibs according to the evidence, make corrections in the draftS
furnished to them by the Editor. They even sometimes substitute words,
compress and enlarge the matters according to the availability of space
and sometimes edit.
They also correct mistakes in the matter sent
to
them. All this clearly went to establish that in the course of their duties
the respondents performed journalistic work .. [448 DJ
Thus Katibs are Artists who perform journalistic work and who also
calligraph matters.
Accordingly they satisfy the definition of 'callig'raphist' as per the Wage Board Recommendations and they me 'working
"journalists under s. 2(f) of the Act.
Therefore the Labour Court was
right in holding that they were entitl<od to the higher scale of wages recommended by the Wage Board for calligraphist and accepted by the
C'..entral Government. [449 A-BJ
F
G
H
A
B
c
D
DAILY PRATAP v. KATIBS (Vaidlalingam, /.)
439
(ii) The contention of the appellant that the respondP.nts did
n<Yl
satisfy the definition of working journalist ins. 2\f~ .could not be accepted.
When once the Wage Board hs given the defimt10n of a C~lhgraphist
and included persons coming under that c~egorv. m the defirutton of a
'working journalist' the only test to be apphed will b~ .whet~er tne per•
son concerned satisfied the requirenrents of the de.fim!ion g1wn by the
Wage Board.
Unde'r th·' conditions on which ;pec1al leave was granted
in the present case it was no longμr open to ~he appeHant. to q~estt~n
the jurisdiction of. the Wage lloard when it included calligraphists m
the definition of 'working journalist'. [446 G]
Further, in the case of the Management ·of Erple.r.r Newspapers Ltd.
v. B. ·so1nayt1julu and other.~. this Court while de3Jing \VJ.th a provisio11
sub•tantially similar to s. 2(f) clearly defined .-·ocatiou as ,,n,,'s .:ailing or
pr0fcssion.
It has been further laid d

## Text

-438
THE MANAGEMENT OF DAU..Y PRATA!'
v.
TllEllt KATIBS
May 1, 1972
(C. A. VAIDIALINGAM AND D. G. PALEKAR, JJ.J
Working Journalists (Conditions of service) and Miscel/aneour Pro-
•visions Act 45 of 1955 s.
2(/)-Katibs of Urdu
newspaper whether
Workin2 lournali~ts.
A
B
The Wage Board constituted by the
Central Government in
1963
under s. 9 of the Working Journaliatl; (Condition of service) and Misce!-
C
laneous Provisions Act 45 of 1955 ddined "calligraphist" a5 an "artist
who P.erforms journalistic work and also oallii,;raphll matters." "Artist",
according to tlY• Wage lloard "is a person who prepares for publication
.drawing, layouts, maps graph; or other similar embellishment, illustrations
of any kind or creative art. He may do some or all of theoe functions."
Calligraphists welre included among
working journalists by the
Wage
Board. The respondents who
were Katibs in too employment of the
appellant claimed that they were "calligraphists" and therefore working
D
journalists and as such entitled to the wages recommended by the Wage
Board. The industrial dispute in this connection was decided by the
Labour Court in favour of the respondents. The decision of the Labour
Court was challenged by the appellant in this Court under Art. 136 of
the Constitution. H was urged on behalf of the appellant inter alia that
the respondents did not satisfy the definition of 'Working Journalist' in
s. 2(f) of the Aot under which two conditions must be satisfied namely,
(I) He must be a person whose principal avocation is that of a journalist;
E
.and. (2) He must be employed as such, or in relation to any eslablishn1ent as specified in the definition.
HELD: (i) To come within the definition of "Calligraphist" threeconditions have to boo satisfied by the employer; (!) He must be an
Artist; (2) He should perform
journalistic wdrk; (3) He should
also
calligraph matters. [444 El
The evidence established, and the appellant had conceded before the
Labour Court, that Katibs calligraph matter. The evidence also established
that Katibs prepare for publication drawing, layouts and other similar
embellishments. The Labour Court's finding that the respondents were
artists as defined by the Wage Board was correct. [445 D-El
Thr~ Katibs according to the evidence, make corrections in the draftS
furnished to them by the Editor. They even sometimes substitute words,
compress and enlarge the matters according to the availability of space
and sometimes edit.
They also correct mistakes in the matter sent
to
them. All this clearly went to establish that in the course of their duties
the respondents performed journalistic work .. [448 DJ
Thus Katibs are Artists who perform journalistic work and who also
calligraph matters.
Accordingly they satisfy the definition of 'callig'raphist' as per the Wage Board Recommendations and they me 'working
"journalists under s. 2(f) of the Act.
Therefore the Labour Court was
right in holding that they were entitl<od to the higher scale of wages recommended by the Wage Board for calligraphist and accepted by the
C'..entral Government. [449 A-BJ
F
G
H
A
B
c
D
DAILY PRATAP v. KATIBS (Vaidlalingam, /.)
439
(ii) The contention of the appellant that the respondP.nts did
n<Yl
satisfy the definition of working journalist ins. 2\f~ .could not be accepted.
When once the Wage Board hs given the defimt10n of a C~lhgraphist
and included persons coming under that c~egorv. m the defirutton of a
'working journalist' the only test to be apphed will b~ .whet~er tne per•
son concerned satisfied the requirenrents of the de.fim!ion g1wn by the
Wage Board.
Unde'r th·' conditions on which ;pec1al leave was granted
in the present case it was no longμr open to ~he appeHant. to q~estt~n
the jurisdiction of. the Wage lloard when it included calligraphists m
the definition of 'working journalist'. [446 G]
Further, in the case of the Management ·of Erple.r.r Newspapers Ltd.
v. B. ·so1nayt1julu and other.~. this Court while de3Jing \VJ.th a provisio11
sub•tantially similar to s. 2(f) clearly defined .-·ocatiou as ,,n,,'s .:ailing or
pr0fcssion.
It has been further laid down therein that when a journalist
is in full time employment, there is no difficulty in holding what
his
principal avocation is.
Again dealing with the requirermnt of 'being
employed as such', which also accured ins. 2(fl, it is laid down that.the
requirement of employment is necessary to create a relationship of employer and employee between the journalist and the newspaper establishment.
It
is
laid
dmm til'Jt
the
definition will
be
satisfied
if the
journalist is in
exclusive
employ of a
newspaper establishn1cnt, in which
case his principal
avocation will
br~ that
of a journalist and he c'an be considered to be employed as such. In the present
case there was no controversy that, the katibs were full time emμloyees
and there was the relationship ol' master and servant. The tests laid.
down in this case were therefore also satisfied. [447 C'-··Fl
Thi! Manr.ge1nent o.f Express Newspapers Ltd, v. B. So1nayaiulu and
others, [1964] 3 S.C.R. JOO applied.
Newspapers (Private) Ltd, and another v. The Union of India and
E
others, [1959] S.C.R. 12 referred to.
·
F
G
H
CIVIL APPELLATE JURISDICTION: Civil Appeal No, .1309 of
1971.
Appeal by Special Leave from the Award dated the 5th June,
1971 of the Labpur Court, Delhi in L.C.I.D. No. 19 of 1968.
V. S. Desai and Naunit Lal, for the appellant.
M. K. Ramamurthi, /. Mamamurthi and Ramesh Pathak, for
the respondents.
The Jildgment of the Court was delivered by--
Vaidialingam, J.-This appeal, by special leave, is directed
against the Award, dated June 5, 1971 of the Labour Court, Delhi,
in L.C.l.D. No. 19 of· 1968 holding that the Katibs are calligraphists as defined in the Wage Board Recommendations and that
they are entitled to the rates of wages prescribed by the Central
Government Notification dated October 27, 1967.
In the petition for special leave the appellant had raised three
main contentions : (I) The Wage Board exceeded its jurisdiction
in including Calligraphists in the definition of Working Journalists
440
SUPREME COURT REPORTS
[1973] l S.C R.
and hence its recommendation is of no effect; anr;I in consequence
A
the Government Notification accepting the said recommendation
is als'? void; (2) The Katibs are not Working Journalists as de,
.fined ms. 2(f) of the Working Journalists (Conditions of Service)
and Miscellaneous Provisions Act, 1955 (Act 45 of 1955) as
ame.nded (hereinafter to Le referred to as the Act); and ( 3) The
findmg of the Labour Court that the Katibs are Calligraphists
B
as defined in the Wage Board Recommendations is erroneous.
But this Court on September 8, 1971 granted special leave in respect of all questions raised in the special leave petition except
the question as to whether the calligraphists were properly recommended to be working journalists by the Wage Board.
Therefore, it will be seen that the appellant is not entitled
C
to raise the first question in this appeal that the Wage Board
exceeded its jurisdiction in including calligraphists in the definition of working journalists.
It further follows that the Noti'
fication of the Central Government acceptfog the recommendations of the Wage Board cannot also be challenged.
The appellant is publishing "Pratap" a daily newspaper !rum
Delhi in Urdu language.
Unlike English and Hindi, Urdu papers
.lfe printed with the help of Katibs and not with the assistance
of compositers. Under s. 9 of the Act, the Central Government
constituted a Wage Board by notification dated November 12,
1963 for the purpose of fixing of revising the rates of wages in
respect of working journalists in accordance with the provisions
of the Act.
The Wage Board made its recommendations. In
Schedule I, section 1 relating to newspapers, the Wage Board
had enumerated various personnel. In group 3, the Sub-Editor,
Reporter, Correspondent, Newsphotographer, Artist, Calligraphist, Librarian or Index Assistant are referred to and their functions given.
We will have to refer later to the definition of the
two expressions "Artist". and
"Calligraphist".
In
paragraph
4.27 of the Report the Wage Board hi.d recommended that the
working journalists of different groups employed in
different
classes of newspapers and news agencies should be paid basic pay
per mensem in accordance with the scales given therein.
The
newspapers were divided into various classes and there is no
controversy that the appellant belongs to class V. The. pay scale
for the type of employees enumerated in group 3 and referr~d to
earljer, working in a newspaper coming under class V was fixed
D
E
G
in the scale of
Rs. 175-15-250-30-400-35-575. The Central
Government, by and large, accepted the recommendation of the
Wage Board subject to certain minor modifications. Accordingly
the Central Government under s. 12 of the Act issued a notificaH
tion No. 80,3883 dated October 27, 1967 directing that the re-.
commendations of the Wage Board accepted by the Central Government ·have to be implemented from the dates mentioned therein.
I
B
c
D
E
F
G
DAILY PRATAP v. KATJBS ( Vaidialingam, I.)
441
The Katibs in the employ of the appellant claimed that they arc
calligraphists as defined by .he Wage Board in its r~comrnenda
tions and ar~epted by the Central Government and as such they
are "working journalists'" under the Act. They claimed that they
should receive the Wages according to the scale as recommended
by the Wage Board. The appellant was not agreeable to accede
to. this demand on the ground that the Katibs are not Calligraphists and in consequence they are not working journalists and as
,,uch they are not entitled to the higher emoluments provided in
the Wage Board Recommendations.
Finally, the parties agreed
on April 30, 1968 that the dispute whether the Katibs are working
journalists or not, under the definition of Calligraphists as prescribed by the Wage Board ·will be jointly referred by the parties
unuer s. 10 ( 2) of the Industrial Disputes Act. On a joint application by both parties, the Lt. Governor, Delhi, by his order dated
September 23, 1968, referred to the Labour Court, Delhi for
adjudication the following dispute :
"Whether the Katibs are Working Journalists under
the definition of "Calligraphists" as prescribed by the
Wage Board and whether they are entitled to rates of
wages as prescribed for "Calligraphists" under Government Notification No. 80-3883 dated the 27th October,
1967 and .if so, what directions are necessary in this
respect?"'
Before the Labour Court, the Katibs relied on the Wage Board
Recommendations and claimed that they were Calligraphists, who
had been included as Working Journalists. Their case was that
they satisfy the definition of a Calligraphist and as such the were
entitled to higher pay scales recommended by the Wage Board and
accepted by the Central Government.
This claim was contested by the appellant ,on the ground that
the Katibs were not Calligraphists as their work was only to
write in a neat hand whatever was supplied to them by the SubEditors. The nature of the duties of a Katib and a Calligraphist
was radically different and the former were not covered by the
Wage Board Recommendations
and the Central
Government
notification.
The Labour Court has recorded the following findings : The
Katibs working in the establishment of the appellant calligraph
matters. The counsel for the appellant herein conceded that the
Katihs were calligraphing the matters but nevertheless they were
not calligraphists as defined by the Wage Board. The evidence,
both oral and documentary; establishes that the Katibs prepare
the lay out headings, shading and beautification etc. and they
442
SUPREME COURT REPORTS
[1973] 1 S.C.R.
are artists as defined by the Wage Board. The Katibs make corrections in the drafts furnished to them by the Editor and substitute their own ·words and either compress· or enlarge the matter,
according to availability of space.
The corrections and substitutions made by the Katibs as disclosed by the evidence show
that the coi;rections and substitutions were of such a substantial
B
nature that they could be made only by a person who knew the
language, the facts and had a grasp of the current affairs. The
Katibs therefore do journalistic work.
The Katibs satisfied the
requirements of the definition of "Calligraphist" contained in the
Wage Board Recommendations.
As Calligraphists have been
included in the definition of "Working Journalist" and as Katibs
C
are Cl\lligraphists, the latter are entitled to the rates of Wages
prescribed in the Wage Board Recommendations.
Mr. ,V. S. Desai, learned counsel for the appellant has strenuously attacked the· reasoning of the .Labour Court that the Katibs
are Calligraphists and as such entitled to the higher rates of pay.
The counsel urged that in no sense can the Katib be considered
to be an artist; nor can he be considered to perform journalistic
work. In order to come within the definition of working journalist
under the Act, the principal avocation of the person concerned
must be that of a journalist and he must have been .. emplciyed as
such in any newspaper establishment.
This aspect, according
to the learned counsel, has not at all been considered by the
Labour Court. The work of the Katibs was merely to write in
neat hand whatever is supplied to them ·by the editorial staff. The
Katibs do not satisfy the definition of "Calli5raphist" under the
Wage Board Recommendations.
On the other hand, Mr. M. K. Ramamurthi, learned counsel
for the respondent, pointed- out that when the Katibs, like the
respondents, are admittedly in the exclusive employ of the appellant, the question of their principal avocation does not arise. That
question will arise only when employment in a newspaper establishment is not exclusive.
The expression "employed as such"
in s. 2(f) of the Act is not to be understood as "employed as
journalist".
But it only denotes the relationship of master and
servant which admittedly exists in the present case.
The expression "journalistic work" or "journalist" has not been defined
either in the Act or in •the Wage Board Recommendations and
D
E
Ji
G
it has to be understood in a technical sense having regard to the
historical background of the newspaper industry. 1 The activity .
of bdng iournalist will include being on the editonal staff of a
H
newspaper as opposed to the press workers and managerial staff.
The counsel further pointed out that the expression "Calligraphist"
has been defined in the Wage Board Recommendations and on
an appreciation of the evidence, the Labour Court has recorded
'j
•
A
c
D
E
F
G
H
DAILY PRATAP v. KATIBS (Vaidlalingam, J.)
443
findings on the material on
record that the Katibs discharge
various items of work to qualify them to come under the definition.
Hence the counsel urged that the Award of th\: Labour
Court holding that Katibs are Calligraphists and as such "working
journalist" is proper.
It is now necessary to refer to the relevant provisions of the
Act. Section 2 (f) defines "working journalist" as follows :-
" ( 2) In this Act,
unless the context otherwise
requires :
(f) "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 newspaper establishment, and includes an
editor, a leader-writer, news editor, sub-editor,
feature-writE-r, copy-tester, reporter, correspondent, cartoonist, news-photographer and proofreader, but does not include any such
pe~on
who--
( i) is employed mainly in a managerial or administrative capadty, or
(ii) being employed in a supervisory capacity
performs, either by the nature of the duties
attached to his office or by reason of the
powers vested in him, functions of a managerial nature;"
Chapter II deals with the working journalist. Section 8 gives
power to the Central Government to fix or revise from time to
time the rates of wages in respect of working journalists. Section
9 deals with the procedure for such fixation or revision of rates
of wages. It contemplates the constitution by the Central Gove!"llment of a Wage Board for the said purpose, consisting of the
persons mentioned in the. section. Sections 10 and 11 deal with
the procedure to be adopted by the Board as well as the latter
making recommendations to the Central Government. Section 12
gives power to the Central Government to enforce the recommendations of the Board either with or without modification.
Section 13 provides that on the coming into operation of an
order issued by the Central Government under s. 12, every working journalist will be entitled to be paid by his employer wages
~t the rate which is to be in no case less than the rate of wages
.specified in the order.
It was under s. 9 that the Central Government constituted the
Wage Board on November 12, 1963. It wo.s under s. 12 that
11-Ll 286SupCl/72
444
SUPREME COURT REPORTS
(1973) l S.C.R.
the Central Government issued Notification dated October 10,
1967 substantially accepting the recom111endations of the Wage
Board and directing that the recommendations so accepted are to
come into force with effect from the date referred to therein.
A
In Schedule I, section l, relating to newspapers, the Wage
Board has placed the "working journalist" under various groups.
B
Group 3, as mentioned earlier, enumerates various categories of
employees.
It is only necessary to refer to the two categories
mentioned therein, namely, "Artist1' and "Calligraphist".
They
have been referred to as follows :
"Artist" is a ~rson who prepares for publication
drawing, layouts, maps, graphs or other similar embelC
Iishment, illustrations of any kind or creative art. He
may do some or all of these functions."
"Calligraphist" is an artist who performs journalistic
work and also calligraphs matters."
We have already referred to the fact that the appellant estaD
blishment comes under class V and in respect of the persons coming under group 3, paragraph 4.27 gives wages, scale and grade.
Then the question is whether the Katibs are Calligraphists as
defined above.
As per" the definition given
above, to come
within 'the definition of "Calligraphist" three
conditions have
to be satisfied by an employee; ( 1) He must be an Artist; (2)
E
He should _perfomi journalistic work; and ( 3)
He should also
calligraph matters.
The definition of the expression "artist" has been given above.
Therefore, one of the conditions for being a "Calligraphist" is
that the employee must be an Artist. As that expression has been
defined by the Wage Board, in our opinion, the requirements of
F
that definition will have to be satisfied before a person can be
characterised as an Artist. If the evidence discloses that a person
does some or all the functions enumerated in the definition of
"Artist" then he must be considered to be an "Artist" as per the
Wage Board definition.
·
We will now consider whether the Katibs : (a) are Artists;
G
(b) perform journalistic work; and ( c) also calligraph matters.
So far as calligraphing of matters is concerned, the Labour
Court h<1s referred to the evidence of M. Ws. 1, 2 and 5 and also
to 13 witnesses, all Katibs, who gave evidence on the side of the
Union. They have all given evidence to the effect that after getting the matter from the editorial staff they write in a beautiful
JJ
manner. In fact, even the case of the appellant is that the Katibs
write in a neat and beautiful hand whatever is given to them by
the editorial staff. The oral evidence, referred to above, as well
I
.1
,~
-c
D
E
F
G
H
DAILY PRATAP v. KATJBS (Vaidialingam, !.)
445
as the dOCllffientary evidence Exs. W. 15, W. 16 and W. 38 and
vanous other exhibits of a similar nature clearly establish that
the Katibs calligraph 'llatters. We do not propose to again refer
to the above items of evidence, as we are in entire agreement with
the Labour Court's appreciation, as well as its findings based upon
that evidence that the Katibs calligraph matters. In fact, it is
also seen that the counsel for the appellant had conceded before
the Labour Court that the Katibs calligraph matters.
But the
contention appears to have been that they are neither artists nor
do they perform journalistic work which are the two other essential
conditions to be satisfied to come under thei definition of Calligraphist. That aspect will be dealt with by us later. We are of
the opinion that the evidence discussed by the Labour Court
clearly shows that one requirement of the definition, namely,
that Katibs calligraph matters, is established.
Then the question fa whether the Katibs are Artists.
The
Wage Board has clearly indicated as to who an Artist is, and that
has been referred to by us earlier. We cannot travel beyond the
dictionary provided by the Wage Board itself.
So far as
this
aspect is concerned, here again, the Labour Court has referred
to the various items of oral and documentary evidence which
clearly establish that Katibs prepare for publication drawing, lay
outs and other similar embellishments. The witnesses have deposed to the nature of the material given to them as also the completed products, from which the Labour Court has come to the
conclusion that the Katibs are Artists as defined in the Wage
Board Recommendations.
As we are of the view that there has
bee.n a proper appreciation of the evidence by the Labour Court,
we are in entire agreement with the conclusion arrived at by th'lt
Court in this regard.
This takes us to the question whether the further requirement
of the Katibs performing journalistic work is established on the
e\"· !rnce. Neither the expression "journalistic work" nor "journali ,, · has been defined either in the Act or in the Wage Board
Recommendations.
The
history of the legislation
leading
upto the Act has been elaborately consi<lered by this Court in
Express Newspapers (Private) Ltd. and another v.
The
Union
of India and others. (1) The definition of "working journalist" in
s: 2 ( f) of the Act deals with three aspects : ( 1) A person whose
principal avocation is that of a journalist and who is employed
as such in or i-n relation to any newspaper establishment, iJ a
working journalist; (2) In the expression "working journalist" is
also included 11 categories of persons mentioned therein; and
(3) sub-clauses (1) and (2) exclude persons mentioned therein
from the definition of "working journalist".
(I) [19591 S.C.R. 12
446
SUPREME COURT REPORTS
(1973] l S.C.R.
Nonnally, when the Wage Board Recommendation has included Calligraphist as a Working Journalist and has also specified
who is a Calligraphist, it should not be difficult to accept the
contention of the respondent that they do journalistic work. But
Mr. V. S. Desai, learned counsel for the appellant, contended
that before a person can be a working jou'rnalist, he must satisfy
two conditions, namely, ( 1) He must be a person whose principal
.avocation is that of a journalist; and (2) He must be employed
as such or in relation to any establishment as specified in the definition.
It is no doubt true that this Court in The Management
of Express Newspap.ers Ltd. v. B. Somava;ulu and others(1)
when dealing with the definition of a working journalist contained
in s. 2(b) of Act I of 1955, which is substantially similar to
s. 2 ( f) of the Act, has laid down the above two requirements. In
the said decision this Court was considering whether a person who
claimed to be a part-time correspondent in the moffusil area was
a "working journalist" under the inclusive part of the definition in
s. 2(b) of Act I of 1955. At the time when this decision was
given there was no definition of "Calligraphist" as now givoo by
the Wage Board; nor was that category in the lnclusive part in
s. 2(f). The Wage Board's definition merely
requires that he
should be an Artist "who perfonns journalistic work and also
calligraphs matters".
There is no requirement in this definition
. that he should be a journalist whose principal avocation is that
of a journalist. It is a matter of considerable doubt whether one
of the conditions to be satisfied as laid down by this Court that
he must be a person whose principal avoc.ation is that of a journa-
. list when interpreting the inclusive part of the definition as contained ins. 2(f) of the Act will still apply. If Mr. Desai's contention is to be accepted, s. 2 ( f) of the Act omitting the matters
not relevant for our purpose will have to be read as follows
"Working journalist" means i, person whose principal avocation is that of a journalist and who is employed
as such in, or in relation to, any newspaper establishment, and includes a calligraphist who 1s an artist who
performs journalistic work ana also calligraphs matters."
It needs no explanation to say that the above reading will not be
a very happy one. When once the Wage Board has given the
definition of a Calligraphist and included persons coming under
that category. in the definition of a "working journalist" the only ·
test to be applied will be ·whether the person concerned satisfies
the requirements of the definition given by the Wage Board. We
have already referred to the fact that it is no longer open to the
appellant to question the jurisdiction of the Wage Board when it
.included Calligraphists in the definition of "Working Journalist".
(I) [1964] 3 S.C.R. 100.
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DAILY PRATAP v. KATIBS "(Vaidi'alingam, I.)
441
Once the jurisdiction of the Wage Board is conceded, the approach
to be made is only to find out whether a person, who claims to
be a calligraphist satisfies the definition as given by the Wage
Board. No doubt the definition of Calligraphist will have to be
read along with the definition of "Artist" given by the Wage Board.
We have already held that the Labour Court's finding that Katibs
are artists as defined by the Wage Board is correct.
However, even applying the test, as contended for by Mr.
Desai in the instant case, as we will presently show, that requirement is also satisfied. It should be noted that in the
above
-decision, 1this Court. clearly defines avocation as one's calling or
profession. It has been further laid down therein that when a
journalist who is in the full time employment, there is no diffi·
culty in holding what his principal avocation is. Agairi dealing
with the requirement of "being employed as such", which occurs
also in s.2(f) of the Act, it is laid down that the requirement of
employment is necessary to create a relationship of employer and
employee between the journalist and the newspaper establishment.
It has been further held that the employment in the context necessarily postulates exclusive employment, as a working journalist
cannot serve two employers.
But, later on, this Court in the
same decision has held that on a fair construction of s. 2 (b) of
Act I of 1955 corresponding to s. 2(f) of the Act, it is possible
to hold that even a part time employee will satisfy the test of the
definition. But the ,,vint to be noted is that it is laid down that
the definition will be satisfied if the
journajist is in exclusive
employ of a newspaper establishment, -in which case his principal
avocation will be that of a journalist and he can be considered ·
to be employed as such. In the case before us there is no controversy that the Katibs are full time employees and there is the
relationship of master and servant. If so, it follows that th<J tests
laid down by this Cour.t, in the decision referred to above, are
satisfied.
Then the question ·is whether they perform journalistic work.
As per the definition of Calligraphist given by the Wage Board,
it is only necessary that apart from the other .functions mentioned
lh>~rein, the person concerned must perform iournalistic work.
In this connection Mr. V. S. Desai referred us tb the evidence of
the various Katibs on the side of the Union to the effect that their
educational qualification does not go beyond the IXth
class.
According to him, to be a journalist requires a fairly high degree
of education. Normally, it would be very desirable that they have
a very high degree of education; but the qualification necessary
depends upon the particular type of journalistic work that the employee is called upon to do. In this case M.W. 5, is the editor
of the appellant newspaper for about 20 years.
He writes editorials.
When he gave evidence he was the Chief Editor of the
448
SUPREM;E COURT REPORTS
[1973] I S.C.R.
newspaper. Even according to .him he .has no high qualification
in Urdu and he has re~d Urdu upto VI or VII class. We have
referred to this a1,'ect only to show that even such a responsible
officer as the Chiet Editor of the appellant has only such qualifications.
That shows ihat even though the Katibs have no high
qualification they have got knowledge of Urdu in which language
the paper is bemg published.
It is significant to note that in group 3, the Wage Board has
included a Calligraphist as a Working Journalist along with Certain other categories who are admittedly working journalists by
virtue of the inclusive definition in s. 2(f) of the Act. Therefore,
it is reasonable to infer that a person who does the items of work,
at least anaiogous to the categories of persons who come within
the definition under s. 2 ( f) can be considered to be doing journalistic work.
The evidence in this case which has been analysed and discussed by the Labour Court establishes that Katibs make corrections ·in the drafts furriisr~d to them by tne Editor. They even
sometim.~s substitute words, compress and enlarg;e the
matters
according to the availability of space and sometimes Ee'!.
This
type of work, in our opinion, can certainly be characterised as
performance of journaliStic work.
In particular, we will
only
refer to the evidence of M. Ws. 3 and 11. W.W.3 has wr,ken
.A
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to the fact that he corrects the spellings and idioms and also substitutes words and increases or decreases matter according to avai- . E
!ability of space. He has referred to the original matter receiv"d by
him as also the final material produced by him.
He has spoken
to the fact :hat he had deleted certain facts· contained in the matter
originally received by him and compressed the same in. the new
material as no space was available.
He has also spoken to having
added few Jines of his own.
He has spoken with reference to the
exhibits.
When he has referred in detail to the original p.'lrticulars
received from the editorial staff and to the nature of the alterations.
made by him, there has been no suggestion in cross-examination
on the side of the appellant that his statements are not borne out
by the records.
To a similar effect is the evidence of W.W. 11
who has also spoken to the fact that he has either reduced the
material on his own responsibility or has to put the matter in a
small space or increased the matter by making certain additions of
his own.
Even in respect of certain technical aspects relating to
certain matters, the witnesses have deposed to the fact that as there
were very serious mistakes in the matters sent to them, they of
their own volitivn corrected as they are well acquainted with the
subject with which they were dealing with.
In our opinion, all
this evidence clearly establishes that in the course of their duties,
the Ka•ibs perform journalistic work.
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DAILY PRATAP v. KATIBS (Vaidialingam, I.)
449
From the discussion contained above. it follows that the Kati!ir
are Artists who perform journalistic work and who also calligraph
matters.
Accordingly, they satisfy the definition of "Calligraphist"
as per the Wage Board Recommendations and they are "working
journalists" unper s. 2 ( f) of the Act. It follows that the Labour
Court was right in holding that they are entitled to the higher scale
of wages recommended by the Wage Board for Calligraphists and
accepted by the Central Government.
In the result, the Award of the Labour Court is confirmed and
this appeal dismissed with costs.
It is represented by the appellant's counsel that 70% of the
c
increased rate has been already paid.
The appellant to pay the
balance amount within 3 months from today in accordance with
the directions already given regarding interest.
G.C.
Appeal dismissed.