Lawstreet Journal

Delhi HC Refuses To Grant Relief To Retrenched PTI Employees, Directs Them To Avail Remedy Under Industrial Disputes Act,1947

Lawstreet Journal 27 Sep 2020 9:26pm

Image courtesy: Lawstreet Journal Judiciary Delhi HC Refuses To Grant Relief To Retrenched PTI Employees, Directs Them To Avail Remedy Under Industrial Disputes Act,1947

Delhi High Court recently denied quashing the retrenchment order passed against the 297 employees of the Press Trust of India stating that the employees seek relief under the Industrial Disputes Act, 1947. The Single Bench of Justice JR Midha observed that the retrenched employees had failed to present any “exceptional circumstances” in their petition which might require the order to warrant an exercise of extraordinary jurisdiction of the writ under Article 226 of the Constitution. 

The order was passed against a bunch of writ petitions as filed by the aggrieved PTI Employees Union and the Federation of PTI Employees Union as they were questioning the retrenchment of 297 employees by the Press Trust of India on 29th September 2018. Apart from the quashing of their retrenchment order the petitioners also pleaded for reinstatement of the 297 employees. 

Contentions made by Petitioner 

The petitioners claimed that the writ was maintainable before the Court as it satisfied the public function test. It was further contended that the retrenched employees come under the category of ‘workmen’ as per Section 2(s) of the Industrial Disputes Act and well Press Trust of India also comes under the frame of ‘factory’ as per the definition given under section 2(m) of the Industrial Disputes Act, 1947 and lastly it was mentioned that PTI engaged in ‘manufacturing process’ of news, publications, articles, etc. which came within the parameter of Section 2(k)(i) and Section 2(k)(iv) of the Factories Act. 

While the petitioners argued that the principle of “last come first to go” was not followed, the Petitioners marked that while the senior and… Continue Reading...

Tagged: Press Information Bureau   Delhi High Court  
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