The Bombay High Court has stated that working journalists do not fit within the definition of employees under the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act. This determination arises from the special status afforded to journalists.

As a result, a complaint lodged by a working journalist under these Acts before an industrial court would not be considered maintainable, according to a ruling by a division bench comprising Justices Nitin Jamdar and Sandeep Marne in its order dated February 29.

The Bombay High Court emphasized that working journalists enjoy a distinct status under the provisions of the Working Journalists Act and have a specific recourse to address their disputes under the Industrial Disputes Act.

The judgment was delivered in response to petitions filed by two working journalists challenging the orders of the industrial court in 2019. The industrial court had rejected their complaints on the basis that working journalists did not fall under the definition of "employee" or "workman" under the Prevention of Unfair Labour Practices Act.

The bench observed that the Working Journalists Act, 1955 has already put in place a mechanism for resolving disputes under the Industrial Disputes Act.

In dismissing the petitions, the High Court underscored that working journalists represent a distinct class with specific privileges and protections in their employment, as outlined in the Working Journalists Act.

"If there is no difference between the working journalist and workmen then it cannot be that the working journalist retains special privileges while they are denied to other workmen including non-working journalists," the high court said.