CHANDIGARH: Sukhdev Singh, a leading journalist of Punjab, has won his court case against “The Tribune”. The Chandigarh union territory labor tribunal headed by judge R.M.Gupta ordered the Tribune Trust to reinstate the journalist with continuity of service and all benefits arising out of it but with 50% back wages.
Sukhdev Singh’s service as principal correspondent of the newspaper was terminated by The Tribune Trust in November 1984 on charges of his contributing an article under the title “Congress (I) cannot solve the Punjab problem” to Dignity, a Chandigarh-based fortnightly since closed down, and lending his name to the publication as its consulting editor.
The tribunal held that the Tribune Trust had no power in the terms of the appointment letter to terminate the journalist’s service, Although writing for outside publications was prohibited by the “Tribune” management, it failed to prescribe any punishment for the violation, As such no penalty could be awarded.
The tribunal also held as proved on record the prevalent practice in the Tribune journalists contributing to outside publications. It pointed out in this connection the facts that Shyam Khosla was associated with an outside publication, Karamjit Singh was chief adviser of Gurdeep, yet another publication unconnected with The Tribune and Yog Joy gave his photographs to Advance, a Punjab government publication,
The Tribunal noted that the management had neither held a departmental enquiry prior to passing the termination order nor had it adduced evidence before the Tribunal to prove its charges against the journalist if a regular enquiry was found by it to be impracticable at the initial stage.
The Tribunal said the management’s plea that it acted on the strength of a 1984 amendment to the Industrial Disputes Act was not sustainable as the amended law covered only those cases where a journalist had been employed for a fixed period while Sukhdev Singh had been a confirmed workman since as early as
- The Tribunal also said that a simple termination could not be effected, as pleaded by the management, without first compensating the journalist financially, The management’s action clearly violated the most essential provisions of the Industrial Disputes Act.
The case showed the sorry state of India judicial administration. It took the Chandigarh administration four years to refer the dispute to the labor tribunal and another four years for the tribunal to give its verdict. The management is even now free to challenge the award first in the Punjab and Haryana high court and then in the Indian supreme court,
According to Sikh Vichar Manch chief G.S. Gill, Sukhdev Singh’s case clearly revealed the anti-Sikh bias of the pro-Arya Samaj management of The Tribune. The impugned article had condemned the Congress (I) and it’s Prime Minister Indira Gandhi for Operation “Blue Star.” Another Sikh journalist, Dalbir Singh, too, was sacked by The Tribune management for his views in favor of the Sikh movement. Certain Journalists writing for outside publications are not proceeded against because they are in favour of a Operation “Blue Star” a in favor of building a Ram temple.
Article extracted from this publication >> October 30, 1992
