HC questions legality of gazette notification

The High Court yesterday questioned legality of the gazette notification containing the ninth wage board award for journalists and workers of newspapers and news agencies.

The HC issued a rule asking the respondents to explain in four weeks why the gazette notification would not be declared illegal. The cabinet committee on the wage board, information and labour secretaries and chairman of the wage board have been made respondents to the rule.

The HC bench of Justice Moyeenul Islam Chowdhury and Justice Md Ashraful Kamal came up with the rule following a supplementary writ petition filed by Newspaper Owners’ Association of Bangladesh (Noab), challenging legality of the gazette notification.

Petitioner’s lawyer Advocate Md Yousuf Ali told The Daily Star that the ninth wage board made the recommendation for increasing salary and facilities for the journalists and newspaper workers in violation of the relevant law.

It is unilateral as the recommendation was made without hearing Noab’s as well as journalists’ and workers’ objections.

The labour ministry is entitled to form the wage board but it was formed by the information ministry, which is also a violation of the relevant law, the lawyer added.

The information ministry on September 12 published the gazette notification. The Supreme Court on August 20 cleared the way for the government to publish it. The apex court stayed for eight weeks the HC order that issued status quo on its publication.

A four-member bench of the Appellate Division headed by Chief Justice Syed Mahmud Hossain passed the order following a petition filed by the government, seeking stay on the HC order. Attorney General Mahbubey Alam represented the government while Advocate AF Hasan Arif appeared for Noab.

On August 6, the HC issued the status quo for two months. The court also issued a rule asking the respondents to explain why the unilateral finalisation of the award without giving the stakeholders opportunity to raise objections should not be declared illegal.

On Monday, the SC bench fixed yesterday for passing the order.

The government on January 29 last year constituted the ninth wage board to propose enhanced salary and other benefits for journalists and other employees of newspapers and news agencies.

On July 25 this year, Road Transport and Bridges Minister Obaidul Quader said a cabinet committee has finalised its report for endorsement. Quader, who heads the seven-member cabinet committee, had told newsmen that “after the final approval [by the cabinet], a gazette will be published” for its implementation.