Amendment status not verified — confirm the current text below against the official source.
Effect of laws and agreements inconsistent with this Act.—(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement 1 Now the Employees.’ Provident Funds and Miscellaneous Provisions Act, 1952 The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 or contract of service, whether made before or after the commencement of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a newspaper employee is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this Act, the newspaper employee shall continue to be entitled to the more favourable benefits in respect of that mater, notwithstanding that he receives benefits in respect of other matters under this Act. (2) Nothing contained in this Act shall be construed to preclude any newspaper employee from entering into an agreement with an employer for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Act. 1[16A. Employer not to dismiss, discharge, etc., newspaper employees.— No employer in relation to a newspaper establishment shall, by reason of his liability for payment of wages to newspaper employees at the rates specified in an order of the Central Government under section 12, or under section 12 read with section 13AA or section 13DD, dismiss, discharge or retrench any newspaper employee.] 2[17. Recovery of money due from an employer.—(1) Where any amount is due under this Act to a newspaper employee from an employer, the newspaper employee himself, or any person authorised by him in writing in this behalf, or in the case of the death of the employee, any member of his family may, without prejudice to any other mode of recovery, make an application to the State Government for the recovery of the amount due to him, and if the State Government, or such authority, as the State Government may specify in this behalf, is satisfied that any amount is so due, it shall issue a certificate for that amount to the Collector, and the Collector shall proceed to recover that amount in the same manner as an arrear of land revenue. (2) If any question arises as to the amount due under this Act to a newspaper employee from his employer, the State Government may, on its own motion or upon application made to it, refer the question to any Labour Court constituted by it under the Industrial Disputes Act, 1947 (14 of 1947), or 1 Ins. by Act 36 of 1981, sec. 3 (w.e.f. 13-8-1980). 2 Subs. by Act 65 of 1962, sec. 5, for section 17 (w.e.f. 15-1-1963). The Working Journalists & Other Newspaper Employees (Conditions of Service) & Misc. Provisions Act, 1955 under any corresponding law relating to investigation and settlement of industrial disputes in force in the State and the said Act or law shall have effect in relation to the Labour Court as if the question so referred were a matter referred to the Labour Court for adjudication under that Act or law, (3) The decision of the Labour Court shall be forwarded by it to the State Government which made the reference and any amount found due by the Labour Court may be recovered in the manner provided in sub-section (1)]. Case Law The State Government concerned (before whom the application for recovery is made) will refer the question as to the amount due to a Labour Court, and the latter upon reaching its decision will forward it to the former, which will then direct the collector to recover such amount; Samarjit Ghosh v. Bennett Coteman & Co. (P.) Ltd., [1987] 71 FJR 176 (SC).