' This is an appeal against the decision dated 29-11-1976 of Punjab Labour Court No, 2, Lahore.
2. Mohammad Iqbal Butt, respondent joined service of the appellant at Karachi in April, 1953 as an Assistant Editor. In October, 1959 he was transferred to Rawalpindi. On 14-11-1975 the Chief Editor of the Newspaper stationed at Karachi made a request Bxh. RJ/2 to Chief Executive in the following terms :--- " Mr. Mahmood Sham editor Akhbar-e-Jahan is leaving the service w. a, f. 1-12-1975 and therefore we are badly in need of his substitute. In my opinion Mr. Iqbal Butt will be most suitable for this senior job, please arrange to transfer him from Rawalpindi to Karachi as early as possible so that he may have sufficient time to take over from Mr. Mahmood Sham."
' Thereafter, on 15-11-1975 the Chief Executive passed the order, "Issue transfer orders accordingly" on the same leaf. It was then marked to the Resident Director, Rawalpindi ride note Exh. RIO. After that the Resident Director, Rawalpindi issued order Exh. P E dated 17-11-1975 in which it was mentioned that the Editor of Akhbr-e-Jahan had resigned with effect from 1-12-1975 to bring out his own journal and two other senior members of the Editorial Staff had also separated from the organization, and that in view of the above, the Management has decided to transfer his (respondent's) services to Akhbar-e-Jahan, Karachi with immediate effect and it was directed that he should report for duty to the Chief Editor at Karachi within seven days of the receipt of this letter.
3. The respondent served a grievance notice Exh. P F dated 20.11-1975 under section 25-A of Industrial Relations Ordinance, 1969 on the Manage. Ment in which he mentioned that he had been aggrieved by his transfer to Karachi on the following reasons;
(I) That I am now reaching the age of 56 years having very had health due to constant work on desk without rest in my young age hence my health is not allowing me to work in Karachi.
(ii) That I am living in Rawalpindi since 1959 and almost settled in this city. My children are studying in College and School and it is not possible for me to disturb their study at this moment.
(iii) That now I am approaching to my retirement age in this organization therefore at this stage when there are questions of health to get my retirement it is not fair to disturb me from Rawalpindi.
(iv) That throughout my work career I never availed my any kind of leave except last year when the Management desired. Therefore if there is no work for me as I am sitting without work in spite of my repeated request to give me work being senior most in this organizetion the management can give me long leave with pay till my retirement just to compensate me from unavailed leave of my past career.
(v)This transfer is also not good even in the eyes of law on so many reasons specially under West Pakistan Industrial and Commercial (Standing Orders) Ordinance, 1968."
4. On 5-12-1975 the Resident Director sent a reply Exh. P. G. To the following effect :-- "Please note that under the circumstances of the case the grievance notice under reference is unwarranted by law. However, the contents thereof have been considered but not found satisfactory. You have been transferred from Rawalpindi to Karachi in the best interest of the Establishment and not for any mala fide intention or to avoid payment of increment as alleged in the notice under reference. Due to exigencies of work your request for withdrawing your transfer order cannot be acceeded to. You are again directed to report for duty at Karachi within 7 days hereof."
5. The respondent sent another letter Exh. P. H. Dated 10-12-1975, wherein in paragraph 2 it was mentioned that in his previous letter ha had not used the word mala fide to the order of transfer because he could not eonceiye of any mala fide intention in this regard. It was also mentioned that his transfer from Rawalpindi to Karachi would not only affect his family affairs but also his efficiency of work, therefore, the transfer order be reviewed in the light of his personal difficulties specially his health and education of his children. Lastly it was mentioned that the transfer order was not only against the provisions of W. P. Industrial and Commercial Emyloyment (Standing Orders) Ordinance, 1968 road with Newspaper Employees (Conditions of Service) Act, 1973 but also against decided law by the various Labour Tribunals.
6. The Resident Director submitted the following reply &h. P-L dated 31-12-1975 "Please refer to your application dated 10-12-75. Your notice dated 20th November. 1975 was duly replied with my letter dated 4th December, 1975. Initially, you were appointed at Karachi to work in the Daily Jang, Karachi but latter on due to exigencies .Of work you were transferred to Rawalpindi.
Now your services are again required in Karachi in the best interests of the Organization. As such, you are again directed to report for duty at Karachi within three days hereof."
7. After that the respondent, without resuming duty at Karachi, filed petition under section 25-A of Industrial Relations Ordinance, 1969 before the Labour Court, challenging the order of his transfer.
One of the grounds mentioned therein was that the transfer order was adversely affecting the terms and conditions of his service and as such was against the provisions of Newspaper Employees (Conditions of Service) Act, 1973. It was also mentioned therein that the transfer was not permissible under the law as it as from one establishment to another establishment.
8. The Labour Court, holding that the transfer order of the respondent from Rawalpindi to Karachi was main fide and as such was unlawful and cannot be given effect to, accepted the petition.
9. Aggrieved by the above decision, Resident Director, daily 'Janie, :Rawalpindi, appellant has preferred this appeal.
10. The learned counsel for the appellant contended that the respondent was not a workman as he was engaged in supervisory duty and was drawing wages exceeding Rs, 800, therefore, the decision of the Labour Court was without jurisdiction. In this connection it will be convenient to reproduce certain sections of Newspaper Employees (Conditions of Service) Act, 1973. Section 2(c) reads as under :- " 'Newspaper' means any printed periodical work containing public news or comments on public news and includes such other Class of printed periodical work as may, from time to time, be notified in this behalf by the Federal Government in the official Gazette.
' Section 2(d) reads as under :- "Newspaper Employee" means any person employed to do any work in or in relation to, any newspaper establishment and includes -
(I) a whole-time journalist, including an editor, a leader writer, news editor, feature writer, reporter, correspondent, copy tester carttoonist, newsphotgraphor, caligraphist and proof-reader ; and
(ii) a whole-time non-journalist, including a manager, clerk, steno typist, printing engineer, linotype-operator, composer, type setter, photo studio attendant, printing worker, an accountant and an office peon. Section 2(e) reads as under :- " 'Newspaper establishment' means an establishment under the control of any person or body of persons, whether incorporated or not, for the production, printing or publication of one or more newspapers or for conducting any news agency or syndicate."
' Under section 9 of the Act, the Federal Government may, whenever it so considers necessary, by notification in the official Gazette, constitute a Wage Board for fixing rates of wages in respect of newspaper employees in accordance with the provisions of this Act.
' Under section 11 of the Act, the decision of the Board shall within a period of one month from the date of its receipt by the Federal Govern ment, be published in such manner as may be prescribed.
' Under section 12 of the Act, the decision of the Wage Board shall be deemed to be an Award of the Commission. Under section 15, the decision of the Wage Board is binding on all employers.
' According to section 17 of the Act, the provisions of West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, other than those, contained in Standing Order 2 and clauses (I) and (2) of Standing Order 12 thereof, shall, subject to the other provisions of this Act, apply to every newspaper establishment wherein ten or more newspaper employees are employed or were employed on any day of the twelve months preceding the coming into force of this Act as if such newspaper establishment were an industrial establishment to which the aforesaid Ordinance has been applied by a notification under clause (c) of subsection (4) of section 1 thereof, and as if a newspaper employee were a workman within the meaning of that Ordinance. Section 18 of the Act reads as under :- ' Ordinance XXIII of 1969. To apply to Nawspaper Employees.-Subject to the other provisions of this Ordinance, the provisions of the Ordinance shall apply to, or in relation to, newspaper employees, as they apply to, or in relation to, workmen within the meaning of the Ordinance : ' Provided that nothing in this section applies to a newspaper employee-
(I) who is employed mainly in a managerial or administrative capacity, or
(11) who, being employed in a supervisory capacity; performs, either because of the nature of duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature.
11. From the perusal of the above it is clear that all newspaper employees are workman, except those, who are employed mainly in a managerial or administrative capacity or in a supervisory capacity.
12. Under section 9 of the Act, the Federal Government constituted a Wage Board by a notification in the official Gazette for fixing the rates of wages in respect of newer employees in accordance with the provisions of this Act. The Wage Board under subsection.(1) of section 11 published an Award, which is binding on all employers.
13. In Schedule 'B' of the Wage Board Award at page 1172, the duties of Editor and Assistant Editor are given as under t- "Editor.-Editor is the executive head of the editorial team who controls the entire work of the editorial side of a newspaper or a periodical. Assistant Editor.-Assistant Editor is a person who assists the Editor in the discharge of his duties generally in relation to comments and opinions and writes leaders and may also write copy involving review, comment or criticism."
14. The respondent is an Assistant Editor and his duties, as given In Schedule 'B' of the above Award, are to assist the Editor in the discharge of his duties generally in relation to comments and opinions and writes leaders and may also write copy involving review, comment or criticism and to perform the managerial, administrative or supervisory duty. Therefore, in my view, he is a workman under the Newspaper Employees (Conditions of Service) Act, 1973 and as such the Labour Court had jurisdiction to entertain the petition under section 25-A of Industrial Relations Ordinance, 1969 filed by the respondent.
15. In view of the above, the contention of the learned counsel for the appellant has no force.
16. Now the next point for determination is as to whether the establishments at Karachi and Rawalpindi are one establishment or separate establishments.
17. It is an admitted fact that daily 'Jang' is published simultaneously from Karachi, Quetta, Rawalpindi. And London and the establishments at these places are managed by separate persons. For example, at Rawalpindi they bad a Resident Director and other executive heads who control that establishment. It would be ridiculous to hold that all the establishments at the above- mentioned places are one establishment, because it is not possible for one person to effectively control and manage all these establishments.
18. In any case, the respondent was working in the daily 'Jane Rawalpindi and was being transferred to weekly 'Akhbar-e-Jaban', Karachi. Wage Board Award in paragraph 2(111) of Chapter 10 at page 1162 defines word 'category' as under :- "'Category' means any of the kind of newspaper establishments as are mentioned under the scheme of categorisation of establishments set out in paragraph 3 of this decision."
Paragraph 3 of the above-mentioned award reads as under: Categories.-Categories of Newspapers/News Agencies shall be determined as under :-
(a) All newspapers published from Metropolitan centres and having a circulation of 10,000 copies or more per day or gross revenue of Rs, 25 lace or more per annum would be inculded in Metropolitan .A' category.
(b) All newspapers published from Metropolitan centres but not covered by the conditions laid down for Metropolitan 'A' newspapers would be included in Metropolitan 'B' category.
(c) All newspapers published from Hyderabad, Multan, Lyallpur, Peshawar and Quetta would be included in Regional 'A' category.
(d) All newspapers published from Regional Centres other than those mentioned in sub-clause (c) above, would be included in Regional 'B' category.
(e) All newspapers, other than dailies, having a circulation of 1,000 copies or more per issue or annual gross revenue of 2.50 Lacs or more would be Included in Category 'A', irrespective of the centers of their publication. All other aforesaid newspapers would be placed In Category 'B'.
' According to paragraph 3(a) above, all newspapers published in Karachi, Rawalpindi and Lahore are included in Metropolitan 'A' category as defined in paragraph 2(iii). `Akhbar-e-Jahan' is a weekly paper. It is covered by paragraph 3(e) and is placed either in category 'A' or category because no evidence about its circulation has been produced.
19. The respondent is an Assistant Editor of daily 'fang', Rawalpindi. He is in grade I of journalist as shown in Schedule 'A' of the Award.
20. Schedule 'C' of the Award relates to basic pay scale. It shows that in grade I of Metropolitan newspapers and news agencies, the bas c pay is Rs, 800-50-1050-60-1650. According to paragraph 3 (e) in category 'A' the basic pay of grade I of periodicale is shown as R9. 450-30-600- 40-1000. In category the basic pay of Grade I is shown as Rs, 350-25-475-30-775.
21. According to bye-law No, 9 of Staff Bye-Laws of the Jang Publications Limited, Exh. R U/1, every employee shall be liable to serve anywhere within or outside Pakistan on any post under the Company provided that his grade shall not be less favourable than that to which he would have been entitled if he had not been so required to serve.
22. From the above it is clear that if the respondent is transferred to Akhbar-e-Jahan, Karachi, he would not only be transferred from one establishment to another but also his grade of pay would become loss and he would not be able to get ether benefits which are not available to the employees of weekly journals and as such would he in contravention of bye-law mentioned above.
23. In view of the above, I find no merit in this appeal, which is hereby dismissed.