1978 PLP 214 (PLC)

(ii) a whole‑time non‑journalist, including a manager, clerk, steno typist, printing engineer, linotype‑operator, composer, type setter, photo studio attendant, printing worker, an accountant and an office peon. Section 2(e) reads as under:-- "'Newspaper establishment' means an establishment under the control of any person or body of persons, whether incorporated or not for the production, printing or publication of one or more newspapers or for conducting any news agency or syndicate." Under section 9 of the Act, the Federal Government may, whenever it so considers necessary, by notification in the official Gazette, constitute a Wage Board for fixing rates of wages in respect of newspaper employees in accordance with the provisions of this Act. Under section 11 of the Act, the decision of the Board shall within a period of one month from the date of its receipt by the Federal Govern ment, be published in such manner as may be prescribed. Under section 12 of the Act, the decision of the Wage Board shall be deemed to be an Award of the Commission. Under section 15, the decision of the Wage Board is binding on all employers. According to section 17 of the Act, the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, other than those, contained in Standing Order 2 and clauses (1) and (2) of Standing Order 12 thereof, shall, subject to the other provisions of this Act, a0ply'to every newspaper establishment wherein ten or more newspaper employees are employed or were employed on any day of the twelve months preceding the coming into force of this Act as if such newspaper establish ment were an industrial establishment to which the aforesaid Ordinance has been applied by a notification under clause (c) of subsection (4) of section I thereof, and as if a newspaper employee were a workman within the meaning of that Ordinance. Section 18 of the Act reads as under: Ordinance XXIII of 1969 To apply to Newspaper Employees‑‑Subject to the other provisions of this Ordinance, the provisions of the Ordinance shall apply to, r in relation to, newspaper employees, as they apply to, or in relation to, workmen within the meaning of the Ordinance Provided that nothing in this section applies to a newspaper emp loyee‑ (i) who is employed mainly in a managerial or administrative capa city, or (ii) who, being employed in a supervisory capacity, performs, either because of the nature of duties attached to his office or by reason of `' " the powers vested in him, functions mainly of a managerial nature.

11. From the perusal of the above it is clear that all newspaper employees are workman, except those, who are employed mainly in a managerial or administrative capacity or in a supervisory capacity. 12, Under section 9 of the Act, the Federal Government constituted a Wage Board by a notification in the official Gazette for filing the rates of wages in respect of news per employees in accordance with the provisions of this Act. The Wage Board under subsection, (1) of section 1l published an Award, which is binding on all employers.

13. In Schedule 'B' of the Wage Board Award at page 1172, the duties of Editor and Assistant Editor are given as under: "Editor.‑Editor is the executive head of the editorial team who controls the entire work of the editorial side of a newspaper or a periodical. Assistant Editor.‑ Assistant Editor is a person who assists the Editor in the discharge of his duties generally in relation to comments and opinions and writes leaders and may also write copy involving review, comment or criticism"

14. The respondent is an Assistant Editor and his duties, as given in Schedule 'B' of the above Award, are to assist the Editor in the discharge of his duties generally in relation to comments and opinions and writes leaders and may also write copy involving review, comment or criticism and g and to perform the managerial, administrative or supervisory duty. There fore, in my view he is a workman under the Newspaper Employees (Conditions of Service) Act. 1973 and as such the Labour Court had jurisdiction to entertain the petition under section 25‑A of Industrial Relations Ordinance, 1969 filed by the respondent.

15. In view of the above, the contention of the learned counsel for the appellant has no force.

16. Now the next point for determination is as to whether the establishments at Karachi and Rawalpindi are one establishment or separate establishments.

17. It is an admitted fact that daily 'Jang' is published simultaneously from Karachi, Quetta, Rawalpindi, and London and the establishments at these places are manage by separate persons. For example, at Rawalpindi they bad a Resident Director and other executive heads who control that establishment. It would be ridiculous to hold that all the establishments at the above‑mentioned places are one establishment, because it is not possible for one person to effectively control and manage all these establishments.

18. In any case, the respondent was working in the daily 'Jang' Rawal pindi and was being transferred to weekly 'Akhbar‑e‑Jahan', Karachi. Wage Board Award in paragraph 2(iii) of Chapter 10 at page 1162 defines word 'category' as under: Category' means any of the kind of newspaper establishments as are mentioned under the scheme of categorisation of establishments set out in paragraph 3 of this decision." Paragraph 3 of the above‑mentioned award reads as under: ' Categories.‑Categories of Newspapers/News Agencies shall be deter. mined as under: (a) All newspapers published from Metropolitan centres and having a circulation of 10,000 copies or more per day or gross revenue of Rs. 25 lacs or more per annum would be included in Metropolitan 'A' category. (b) All newspapers published from Metropolitan centres but not covered by the conditions laid down for Metropolitan 'A' newspapers would be included in Metropolitan 'B' category. (c) All newspapers published from Hyderabad, Multan, Lyallpur, Peshawar and Quetta would be included in Regional 'A' category. (d) All newspapers published from Regional Centres other than those mentioned in sub‑clause (c) above, would be included in Regional 'B' category. (e) All newspapers, other than dailies, having a circulation of 1,000 copies or or more per issue or annual gross revenue of 2.50 lacs or more would be included in Category 'A', irrespective of the centres of their publication. All other aforesaid newspapers wou1J be placed In Category 'B'. (f) .. .. .. (g) . (h) . (i) .. (h) . According to paragraph 3(a) above, all newspapers published in Karachi, Rawalpindi and Lahore are included in Metropolitan 'A' category as defined in paragraph 2(iii). 'Akhbar‑e‑Jaban' is a weekly paper. It is covered by D paragraph 3(e) and is placed either in category 'A' or category 'ii' because no evidence about its circulation has been produced.

19. The respondent is an Assistant Editor of daily 'Jung', Rawalpindi. He is in grade I of journalist as shown in Schedule 'A' of the Award.

20. Schedule 'C' of the Award relates to basic pay scale. It shows that in grade I of Metropolitan newspapers and news agencies, the bas ‑c pay is Rs. 800‑50‑1050‑60‑16`

0. According to paragraph 3 (e) in category 'A' the basic pay of grade I of periodical is shown as Ro. 450‑30‑600‑40‑1000. In category 'P' the basic pay of Grade I is shown ass Rs. 350‑25‑475- 30‑775.

21. According to bye‑law No. 9 of Staff Bye‑Laws of the Jang Pub lications Limited, Exh. R U/1, every employee shall be liable to serve any where within or outside Pakistan on any post under the Company provided that his grade shall not be less favourable than that to which he would have been entitled if he had not been so required to serve.

22. From the above it is clear that if the respondent is transferred to Akhbar‑e‑Jahan, Karachi, be would not only be transferred from one establishment to another but also his grade of pay would become loss and be would not be able to get ether benefits which are not available to the employees of weekly journals and as such would be in contravention of bye‑law mentioned above.

23. In view of the above, II find no merit in this appeal, which is hereby dismissed. Appeal dismissed.