2023 PLP 248 (PLC)

SHAHID MEHMOOD KHOKHAR, CHAIRMAN.

Instant petition is directed against the respondent establishment for non-payment of monthly salary and arrears by the respondent management with the following prayer:- "Therefore, under the Newspaper Employees (Conditions of Service) Act, 1973 and relevant labour laws, you are requested to kindly intervene the matter to keep the status quo ante and order the employer to pay my dues and avoid victimizing me or not paying any wages. The employer / management must also be restrained from terminating my services and made to pay all my dues plus the tax on the income. Kindly take a suo motu notice and initiate the proceedings against the Management / Employers of Jang / The News and M/s. Independent Media Corporation (Geo TV). Relevant documents are attached for your kind perusal."

2. Brief facts of the case are that the above said petition was filed on 17/10/2022 and was taken up on 27/10/2022 and it was directed to issue a notice to the respondent to file reply / comments within fifteen days from receipt of this notice and subsequently on 01/12/2022 notice 'Pairwi' was issued to the parties for 28/12/2022. On the said date, it was heard at Lahore and despite issuance of notice dater, 21/12/2022 none appeared on behalf of respondent, therefore, office was directed to issue notice to Chief Executive of the respondent management for 15/02/2023 with a direction to file reply and statement of account before the next date of hearing. On 15/02/2023, matter was heard at Lahore and Mr. Muhammad Qaiser Saleem Khan Advocate entered appearance on behalf of respondent management and sought adjournment for filing of reply along with statement of accounts which was granted in the interest of justice and matter was adjourned for 28/04/2023. Again on 28/04/2023, none appeared on behalf of parties and office was directed to issue notice to the respondent to file reply and statement of accounts and it was made clear through the above said order that in case of non-compliance right of defense shall be struck off and matter will be decided on the basis of available record and thus, the case was adjourned for 22/06/2023. On 22/06/2023, matter was again heard at Lahore when petitioner along with his learned counsel appeared and submitted that the respondent management is deliberately avoiding its appearance and has not filed any sort of reply nor statement of account has been submitted, therefore, right of defense must be struck of.

3. Keeping in view the brief history, whereby, number of opportunities were granted to the respondent to file reply and statement of accounts, but the respondent despite having number of opportunities did not opt to file any reply or statement of account, therefore, right of reply of the respondent was struck of under Order XIII, Rule 10, C.P.C., thereafter, since the respondent knowingly and deliberately did not appear on the said date, therefore, respondent was proceeded ex-parte and petitioner was directed that to file its written arguments with Registrar of this Tribunal within three weeks and it was directed that on receipt of the same, Registrar shall put up the file for order / judgment. Accordingly, petitioner through his learned counsel Mr. Abid Saqi ASC and Mr. Ahmed Abdullah Advocate submitted written arguments along with case laws in support of his contentions, which was placed on record and the file was put up for ex-parte judgment.

4. As far as facts of the case are concerned, petitioner through his application dated 17/10/2022 categorically stated on oath that the petitioner was simultaneously employed for print and electronic media outlets for in "Jang Media Group" under the supervision of Mr. Mir Shakil-ur-Rehman against a lump sum monthly take home salary of Rs.1,200,000/- (net of taxes) along with other facilities i.e. provision of car, petrol and other benefits since 02/10/2015. The petitioner further submits that he was employed by the respondent management i.e Jang Group of Newspapers through Dr. Ziauddin Ahmed Zia Group Director, Human Resource Development. Mr Mansoor Rahman, Group Director/Senior Advisor, Finance and Corporate Affairs and Mr. Shakrukh Hasan Group Managing Director of Jang and GEO as "Senior Op-ed Contributor" through letter of contract dated 02/10/2015 which was signed by the petitioner and above named officials of Jang and GEO Group. Under the said contract, the petitioner was being paid Rs.400.000/- per month for Daily Jang and Daily The News by contributing op-ed column to above said both newspapers. Petitioner was also responsible for contributing news analyses, exclusive news stones, detailed interviews of important personalities (expected once a week) and was also supposed to point out mistakes and errors of reporting teams of both the newspapers and was also meant for providing ideas for improvements and investigative reportage and features. The petitioner further submits that he continued to render services to the respondent management and to write columns regularly without any interruption or breakup till date which are being published by the respondent management in Daily Jang on regular basis. However, since October, 2019. His columns for 'The News', which were subjected to undue censorship for the reasons best know to the respondent management besides failing to pay his salary regularly. However, the respondent neither discontinued or terminated his contract, therefore, he continued contributing by writing his columns, which are being published by M/s. Jang till date. Thus, he has a recurring cause of action to bring in the present lis against the respondent management. He further submitted that although initially the period of contract was set for three years but after three years, it was ought to be reviewed. Similarly, the petitioner was engaged at the same time by another company of Jang Media Group, owned by Mr. Mir Shakil-ur-Rehman, known as M/s. Independent Media Corporation, who engaged his services as an 'Expert on contractual basis / Analyst" for GEO Television against a salary package of Rs.800.000/- (net of tax) and was also given other remunerations as part of the package such as telephone, petrol and vehicle etc. In such capacity, he continued his service by making personal appearance on GEO News program, titled as 'Report Card' and other transmissions of GEO News as Analyst but suddenly he was discontinued, without any prior show-cause notice or letter of explanation and was not paid monthly salary since 13/02/2019 till date. Petitioner further submits that since, it was an integrated package to hire his services as a professional journalist for both print and electronic media, therefore, he was assured by Mr. Mir Shakil-ur-Rehman to redress his genuine grievances and payment of arrears but of no avail, hence, this petition.

5. The petitioner further supported his contention by placing on record his bank statement, issued by Standard Chartered Bank, Tax Deduction Certificate dated 14/0712019. issued by respondent management, copy of agreement dated 01/08/2015, signed and executed by M/s. Independent Media Corporation (Pvt.) Limited and the petitioner for hiring of his services as Analyst / Multimedia Content Producer, copy of service certificate dated 08/09/2017 as well as Addendum to Affidavit dated 22/05/2023 along with statement of account, whereby, according to petitioner, respondent management is liable to pay the arrears of his salary at the rate of Rs.400,000/- per month since October, 2019 till 31/08/2023 amounting to Rs.20,400,000/- as it is a continuous cause of action against the respondent management and similarly, the petitioner is entitled to salary as Analyst at the rate of Rs.800,000/- per month to be paid by the respondent management from 13/02/2019 to 31/05/2023 amounting to Rs.45,600.000/-.

6. The petitioner further submits that the above said integrated package of Rs.1,200,000/- per month (net of tax) forwarded to the petitioner was appropriated between the News / Jang Group of Newspapers and GEO / M/s. Independent Media Group, both being outlets of 'Jang Media Group' under Mr. Mir Shakil-ur-Rehman and the petitioner being employed by both the above named organizations was continuously dispensing the service for Print and Electronic Media outlets of Jang Media Group with devotion, dedication and to the entire satisfaction of the newspaper establishment and that he has an unblemished service record as a professional and competent journalist admired by a big readership and audience and during this period no complaint or issue has been raised by the News / Jang Group and GEO / M/s. Independent Media Group against the petitioner or his work. Therefore, appreciated by national as well as international audience having stature in the field of journalism. Petitioner further submits that till date columns are being published by the respondent management, whereas, without issuing a notice or formal complaint against petitioner's conduct or performance and without informing the petitioner about status of his job, salaries on both the above said accounts amounting to Rs.1,200,000/- per month payable to the petitioner were withheld by the respondent management, therefore, seeks a direction to be issued by this Tribunal to the respondent management for payment of his arrears on account of salary as well as future salaries to be paid to the petitioner on regular basis without any hindrance until and unless the above said agreements in vogue are terminated by the respondent management in due course of law. Petitioner further submits that since he is a 'newspaper employees' as defined by the Newspaper Employees (Conditions of Service) Act, 1973, therefore, as provided under the law i.e. under section 4 of the Newspaper Employees (Conditions of Service) Act, 1973 his services cannot be dispensed with unilaterally and without adopting due course of law. In this regard, he placed reliance on 2001 SCMR

565. Further submits that similarly this Tribunal has the jurisdiction to adjudicate upon the matters and issues relating to newspaper establishment and their employees. Further submits that above said contracts dated 02/10/2015 and 01/08/2015 are to be considered, heard and adjudicated as one and the same under the integrated package by the respondent management. i.e. The News Jang Group of Newspapers and GEO / M/s. Independent Media Group and in this regard, the petitioner has relied upon judgment date 29/06/2022, passed in Writ Petition No. 2635/2020 titled Chief Editor Daily Khabrain v. Syed Maqsood Ali Shah, who had worked for both print and electronic media outlets of Late Mr. Zia Shahid i.e. Daily Khabrain and Channel-5, a television channel and licensee of PEMRA. The petitioner further submits that being an employee of newspaper establishment, he is entitled to rights and privileges available to him under the law and respondent cannot be allowed to frustrate or flout the provisions of law enunciated in the Newspaper Employees (Conditions of Service) Act, 1973. In this regard, he has relied upon judgment of honourable Sindh High Court reported as 1998 PLC

183. The petitioner further submits that he has been deprived of his fundamental rights guaranteed under Articles 4, 18 and 25 of the Constitution of Islamic Republic of Pakistan as well as United Nation's Covenants and Declarations therefore, under Section 13(4) of the Newspaper Employees (Conditions of Service) Act, 1973 this Tribunal has the power to issue a direction which a Labour Court has under Section 52(1) of the Industrial Relations Act, 2012 and even this Tribunal has the jurisdiction to issue a direction under Rule 17 of the ITNE (Procedure and Function) Rules, 1977 and thus Tribunal can issue a direction to recover the above said amount from respondent as arrears of land revenue and may be paid to petitioner. Reliance is placed upon judgment reported as 2006 PLC 424 titled Ilyas Chaudhary and 67 others v. Independent Newspaper Corporation (Pvt.) Limited and lastly, the petitioner has prayed for grant of the above said relief as prayed for in the written arguments.

7. On the other hand, respondent was given number of opportunities to appear and present his case and during these proceedings only on 15/02/2023 when the matter was fixed at Lahore, it was represented by Mr. Muhammad Qaisar Saleem Khan Advocate, who appeared in the instant case for and on behalf of respondent and sought adjournment, which was granted in the interest of justice. Thereafter, nether the respondent nor its counsel turned up. Thus, this Tribunal was left with no other option but to struck of right to reply of the respondent and due to continuous absence / non-appearance of the respondent management despite service of notice was compelled to proceed ex-parte, hence, this judgment.

8. For the foregoing reasons, the instant petition is partly accepted. Petitioner is declared entitled for judgment / decree of Rs. 20,400,000/-. against the respondent management, who is directed to pay the same to the petitioner within thirty (30) days from the receipt of this judgment. As far as petitioner's claim for the amount of Rs. 45,600,000/-, against M/s. Independent Media Group is concerned, that is not acceded to for the reasons that petitioner has admitted in his claim that he was appointed on 01/08/2018 against an integrated salary package of Rs.800,000/- and was lastly paid by the respondent management / Independent Media Group on 13/02/2019, therefore, petitioner may approach the Council of Complaints, if so desired, as the CoC is established under the PEMRA Ordinance, 2002 and PEMRA Amendment Act, 2023 No. LXI of 2023, whereby, electronic media employee has been defined and covered under Section 3 (iii) and Section 11 of the Act No. LXI of 2023. Hence, to this extent, the petition is hereby returned to avail the appropriate remedy under the law.

9. As the respondent management has not disputed nor rebutted the claim/calculation of arrears, made by the petitioner and annexed with the instant petition, thus, the same is deemed to have been admitted by the respondent management. Hence, the petition is allowed, therefore, petitioner is entitled to recover the above said amount of Rs.20.400,000/- from the respondent management Respondent is directed to pay the same within a period of thirty (30) days from receipt of this judgment. Office is directed to send copy of this judgment to the parties along with covering letter for information and necessary action at their end. MQ/2/ITNE Petition allowed.