FYLFOT GROUP OF ADVOCATES - Legal Helpline India Patrika Pvt. Ltd., Jawahar Lal Nehru Marg,...

FYLFOT GROUP OF ADVOCATES Solicitors, Attorneys, Advocates, Lawyers, Legal Advisors & Consultants

112, New Delhi House, 27, Barakhambha Road,

Connaught Place, New Delhi-110001. India

Website:-legalhelplineindia.com, 011-2335 5388

E-Mail: [email protected]

Regd AD/ Speed Post/ E-mail

21/1/2015

To,

1. Mr. Gulab Kothari, Chairman,

2. Nihar Kothari, M.D.,

3. Mr. Sidharth Kothari, Addl. Director,

Rajasthan Patrika Pvt. Ltd.,

Jawahar Lal Nehru Marg,

Keshgarh, Jaipur, Rajasthan.

Sub: Contempt notice against violation and non compliance of the

directions contained in order dated 7/2/2014 by Supreme Court of

India in WP ( C ) No. 246/2011alongwith several other Writ Petitions.

Sir,

Under the instructions and on behalf of my clients, the newspaper employees

working in your establishment, I am issuing this legal notice against you:

1. That my clients are the employees working in your establishment of

newspaper named above on various posts as defined under the Majithia Wage

Board recommendations. My clients have formed a group of the affected persons

authorizing Mr Yashwant Singh to espouse their cause and take up the matter

before the authorities and the courts. Mr Yashwant Singh in turns has now

instructed me to issue the present legal notice against your act of willful,

deliberate and intentional violation of the directions and orders of the Supreme

Court detailed as above.

2. That your establishment being is a newspaper establishment as defined

under the Working Journalists and other Newspaper Employees (Conditions of

Service) and Miscellaneous Provisions Act, 1955 hence bound to implement the

notification issued by the Central Government dated 11/11/2011 implementing

the Majithia Wage Board recommendations.

3. That the aforesaid notification and the recommendations of the statutory

wage board were not implemented and were challenged by group of newspaper

establishments also representing your establishment by way of several writ






petitions before Supreme Court of India. The court refused to entertained the

contentions against the notification of the Central Government raised by the

newspaper establishments and upheld the recommendations of the statutory

wage board and has also issued specific directions for the release of the benefits

vide its orders dated 7/2/2014. The details of the said petitions are as under:

WRIT PETITION (CIVIL) NO. 382 OF 2011,











WRIT PETITION (CIVIL) NO. 817 OF 2013

CONTEMPT PETITION (CIVIL) NO. 252 OF 2012 IN WRIT PETITION

(CIVIL) NO. 538 OF 2011.

While dismissing the entire writ petitions, the court issued specific directions for

the time bound implementation of the recommendations of the statutory wage

board as notified by the Central Government. The directions of the court thus

superseded the notification dated 1/11/11 issued by the Central Government and

the same became a directive issued by the Hon’ble Supreme Court of India.

Although the said directions of the Supreme Court are in your knowledge and

has been widely published, the relevant and operative part of the directions of

Supreme Court is reproduced hereunder for ready reference and instant

compliance:

“71) Accordingly, we hold that the recommendations of the Wage Boards

are valid in law, based on genuine and acceptable considerations and

there is no valid ground for interference under Article 32 of the

Constitution of India.






72) Consequently, all the writ petitions are dismissed with no order as to

costs.

73) In view of our conclusion and dismissal of all the writ petitions, the

wages as revised/determined shall be payable from 11.11.2011 when the

Government of India notified the recommendations of the Majithia Wage

Boards. All the arrears up to March, 2014 shall be paid to all eligible

persons in four equal installments within a period of one year from

today and continue to pay the revised wages from April, 2014 onwards.

74) In view of the disposal of the writ petitions, the contempt petition is

closed.”

(Emphasis supplied)

4. That Hon’ble Supreme Court has also issued a specific direction for

payment of the arrears in four equal installments within a period of one year

from the date of order i.e. 7/2/2014 and has further directed you all to continue

to pay the revised wages from April, 2014 onwards in terms of the

recommendations of the Majithia Wage Board.

5. That you have not complied with the said directions issued by the Hon’ble

Court and the present pay scales being paid to the employees of your newspaper

establishment are not in accordance with the recommendations of the statutory

wage board notification issued by the central government on 11/11/2011 which

finally merged with the directions issued by the Supreme Court of India.

6. That in order to overreach the aforesaid orders of the Supreme Court and

show disrespect to the Supreme Court, you have also extracted the signatures of

employees under threat of their services on some pre typed formats, the contents

of which were not disclosed to them neither they were given a copy of the same.

You are further threatening and harassing the employees asserting their rights

and seeking their benefits in terms of the orders of Supreme Court. Your

aboavesaid act is a clear attempt to overreach the orders of the court and show

utter disrespect to the court hence punishable being contempt of the Hon’ble

Supreme Court of India.






7. That the employees of your establishment have requested you to comply

with the directions of the Supreme Court and grant the due benefits to all the

employees as directed by the Supreme Court of India but instead of complying

with the directions of the court, you have started victimizing , harassing and

intimidating the vocal employees. You have leased a reign of terror against the

employees seeking implementation of the Wage Board notifications and

compliance of the directions of the Supreme Court of India. The employees have

thus formed a group and authorized Mr Yashwant Singh to take up the matter

before the Court on their behalf so that they are not victimized and singled out.

Mr Yashwant Singh has further authorized me to issue the present notice on

behalf of the said employees and seek compliance of the orders of the Supreme

Court and to institute contempt of court proceedings against you for your

flagrant, willful and deliberate violation of the orders of the court referred above.

8. I, hereby on behalf of the aforesaid employees of your establishment seek

the compliance of the aforesaid directions of the Hon’ble Supreme Court of

India within a period of one week from the date of receipt of this legal notice and

release the entire arrears of their dues and benefits alongwith the interest

accrued due to your act of non release of the same to the employees failing

which I have standing instructions to initiate contempt of court proceedings

before the Supreme Court of India against you all for which you shall be liable.

9. Please take note that the employees of your establishment are constantly

making the demand for compliance of the aforesaid orders of the Supreme Court

but you have turned a deaf year to their demands, the present notice is the last

final notice of demand on behalf of the employees regarding compliance of the

orders of the Supreme Court. If the orders are not complied within one week of

receipt of this legal notice my clients shall be free to initiate contempt of court

proceedings against you thereafter for which you shall be liable.

10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

Mr. Rajul Maheshwari,M.D.,

Amar Ujala Publication Limited

C-21, Sector -59

Noida-201301

Mail ID; [email protected]


directions contained in orders dated 7/2/2014 by Supreme Court of


Sir,


working in your establishment, I am issuing this legal notice:-

1. That my clients are the employees working under your establishment of
















mailto:[email protected]









wage board recommendations and has also issued specific directions for the

release of the aforesaid benefits vide its orders dated 7/2/2014. The details of the

said petitions are as under:














(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

All the Directors,

M/s. Nav Jyoti Printing Press Pvt Ltd

PO Box No. 72, Ajmer, Rajasthan.




Sir,











































(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

Mr.Shailendra Bhadauria, Chairman

National DuniyaNews paper

Ess Bee Media Pvt Ltd,

Sector 11 ,W-23, Noida.




Sir,











































(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

1. Mr. Ramesh Chandra Aggarwal, Chairman

2. Mr. Sudhir Aggarwal, MD,

DB Corporation Ltd,

Dainik Bhaskar,

Plot No.280, Sarkhej,

Gandhinagar Highway,

Near YMCA Club,

Makbara, Ahmedabad, Gujrat.




Sir,











































(CIVIL) NO. 538 OF 2011.









compliance:






costs.













closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

Mr. Vivek Goenka, Chairman,

Jansatta

Address: 21/22 Sector 59 Noida (UP)




Sir,











































(CIVIL) NO. 538 OF 2011.









compliance:






costs.













closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

Mrs. Sobhana Bhartiya, Chairperson,

H.T. Media Ltd.,

18-20-, K.G. Marg, New Delhi-110001.




Sir,











































(CIVIL) NO. 538 OF 2011.









compliance:






costs.













closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

Mr. Yashovardhan Gupta,

S/o Rajendra Supta

Dainik Jagarn, Jhansi

Jagran Bhawan,

362, Civil Lines Jhansi,

U.P. [email protected]




Sir,



















mailto:[email protected]
























(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







21/1/2015

To,

The Haribhumi Newspaper,

Near Central Excise Office,

Opposite Pujari Park,

Tikrapara, Raipur, Chattisgarh.




Sir,










































(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)




















































10. Copy kept.

Umesh Sharma

(Advocate)







2/2/2015

To,




Sir,










































(CIVIL) NO. 538 OF 2011.









compliance:






costs.













closed.”

(Emphasis supplied)

















































orders of the Supreme Court. If the orders are not complied within two days of



10. Copy kept.

Umesh Sharma

(Advocate)







2/2/2015

To,

Mr Vinod Sharma, Mr Kartik Sharma, Mr Rakesh Sharma,

Aaj Samaj,

Plot No. B-116,

Okhla Phase-I,

New Delhi-110020.




Sir,










































(CIVIL) NO. 538 OF 2011.









compliance:











costs.








closed.”

(Emphasis supplied)

















































orders of the Supreme Court. If the orders are not complied within two days of



10. Copy kept.

Umesh Sharma

(Advocate)

FYLFOT GROUP OF ADVOCATES - Legal Helpline India Patrika Pvt. Ltd., Jawahar Lal Nehru Marg,...

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