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Plea in SC against unlawful lay-offs in media industry not maintainable: NBA

The News Broadcasters Association (NBA) and the Indian Newspaper Society (INS) have opposed the petition filed in the Supreme Court by National Alliance of Journalists (NAJ) against mass retrenchment and salary cuts by media houses during the COVID-19 lockdown.

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Published : May 21, 2020, 2:28 PM IST

New Delhi: The News Broadcasters Association and Indian Newspapers Society, through their affidavit filed, told the Supreme Court that the petition filed against them for laying-off journalists and salary cuts in various media organisations is not maintainable as the petitioners, Delhi Union of Journalists and Brihanmumbai Union of Journalists, do not represent the journalists of the country and have filed it in their interest.

"Article 32 is not maintainable for enforcement of personal contractual rights," read the affidavit.

"Nowhere in the entire petition has it been brought out that the issue raised and the relief paid is in the interest of the public. Rather, the petition is in the self-interest of the petitioners and the employment and economic interests of the members of the petitioners involved," read the affidavit.

The organisations contended that a blanket order to suspend all employment laws as per the appeals is not maintainable as due to the COVID-19 and lockdown there has been a deep financial constraint in the entire industry.

Even though the media was exempted from shutting down and was allowed to operate during the lockdown, the advertisers have been reluctant during the pandemic leading to huge revenue losses. They also said that the media houses had to invest additional amounts to ensure connectivity, communication and provide transport to all its employees to ensure safety.

ALSO READ: India has done better than other nations on coronavirus: Faggan Singh Kulaste

"These have come at a great cost to the news broadcasters, despite lack of complete revenues. Since businesses are barely operational and consumer demand is at an all-time low, advertisers are not interested in advertising during this pandemic period and advertisement volumes and revenues have drastically reduced since the advent of COVID-19. Thus, the news broadcasters have been put under additional stress on account of increased costs to keep their work operational as it is an essential service, while there is a nosedive in revenues on account if limited advertising," read the affidavit.

It further said that the central government had issued an advisory on not laying off people but it is not mandatory to follow as it is not legal or binding, argued the organisations.

And although, the media was exempted from lockdown it has been severely affected financially so the blanket order sought by the petitioners is not maintainable, claimed the organisations.

New Delhi: The News Broadcasters Association and Indian Newspapers Society, through their affidavit filed, told the Supreme Court that the petition filed against them for laying-off journalists and salary cuts in various media organisations is not maintainable as the petitioners, Delhi Union of Journalists and Brihanmumbai Union of Journalists, do not represent the journalists of the country and have filed it in their interest.

"Article 32 is not maintainable for enforcement of personal contractual rights," read the affidavit.

"Nowhere in the entire petition has it been brought out that the issue raised and the relief paid is in the interest of the public. Rather, the petition is in the self-interest of the petitioners and the employment and economic interests of the members of the petitioners involved," read the affidavit.

The organisations contended that a blanket order to suspend all employment laws as per the appeals is not maintainable as due to the COVID-19 and lockdown there has been a deep financial constraint in the entire industry.

Even though the media was exempted from shutting down and was allowed to operate during the lockdown, the advertisers have been reluctant during the pandemic leading to huge revenue losses. They also said that the media houses had to invest additional amounts to ensure connectivity, communication and provide transport to all its employees to ensure safety.

ALSO READ: India has done better than other nations on coronavirus: Faggan Singh Kulaste

"These have come at a great cost to the news broadcasters, despite lack of complete revenues. Since businesses are barely operational and consumer demand is at an all-time low, advertisers are not interested in advertising during this pandemic period and advertisement volumes and revenues have drastically reduced since the advent of COVID-19. Thus, the news broadcasters have been put under additional stress on account of increased costs to keep their work operational as it is an essential service, while there is a nosedive in revenues on account if limited advertising," read the affidavit.

It further said that the central government had issued an advisory on not laying off people but it is not mandatory to follow as it is not legal or binding, argued the organisations.

And although, the media was exempted from lockdown it has been severely affected financially so the blanket order sought by the petitioners is not maintainable, claimed the organisations.

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