(1) The Board shall, by notice published in such manner as it thinks fit, call upon newspaper establishments and working journalists and other persons interested in the fixation or revision of rates of wages of working journalists to make such representations as they may think fit as respects the rates of wages which may be fixed or revised under this Act in respect of working journalists.
(2) Every such representation shall be in writing and shall be made within such period as the Board may specify in the notice and shall state the rates wages which, in the opinion of the person making the representation, would be reasonable, having regard to the capacity of the employer to pay the same or to any other circumstance, whichever may seem relevant to the person making the representation in relation to his representation.
11 Subs. by Act 65 of 1962, Sec. 4, for Secs. 8 to 13 (w.e.f. 15th January, 1963)
(3) The Board shall take into account the representation aforesaid, if any, and after examining the materials placed before it make such recommendations as it thinks fit to the Central Government for the fixation or revision of rates of wages in respect of working journalists; and any such recommendation may specify, whether prospectively or retrospectively, the date from which the rates of wages should take effect.
(4) In making any recommendations to the Central Government the Board shall have regard to the cost of living, the prevalent rates of wages for comparable employment, the circumstances relating to the newspaper industry in different regions of the country and to any other circumstances which to the Board may seem relevant.
12[Explanations. – For the removal of doubts it is hereby declared that nothing in this sub-section shall prevent the Board from making recommendations for fixation or revision of rates of wages on all- India basis.]
Classification not violative of Arts. 19 (1) (a) and 19 (g). -- In view of the amended definition of the “newspaper establishment” under Sec. 2(d) which came into operation retrospectively from the inception of the Act and the
Explanation added to Sec. 10(4) and in view further of the fact that in clubbing the units of the establishment together, the Board cannot be said to have acted contrary to the law laid down by the Supreme Court in Express Newspaper case13. The classification of the newspaper establishments on all India basis for the purpose of fixation of wages is not bad in law. Hence it is not violative of the petitioner’s rights under Arts. 19 (1) (a) and 19 (1) (g) of the Constitution14.