The Bombay High Court has ruled that working journalists do not fall within the definition of employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. The court stated that journalists enjoy a special status and have a separate mechanism for dispute resolution under the Working Journalists Act and the Industrial Disputes Act. This ruling came in response to petitions filed by two working journalists who had their complaints rejected by the industrial court on the grounds that they did not fall within the term of employee or workman under the Prevention of Unfair Labour Practices Act.
The High Court highlighted that the Working Journalists Act, enacted in 1955, already provides a framework for resolving disputes under the Industrial Disputes Act. The judgment emphasized that working journalists have unique privileges and protections in their employment, and if there were no differences between working journalists and other workmen, then the special privileges granted to journalists would also apply to non-working journalists.
The ruling confirms the special status conferred on working journalists by the Working Journalists Act, which was specifically enacted to address the unique needs and concerns of journalists. Therefore, disputes involving working journalists should be settled according to the provisions of the Industrial Disputes Act, as outlined by the High Court.