All India Reporter Karamchari Sangh v. All India Reporter Ltd.

PURPOSIVE CONSTRUCTION

INTRODUCTION

Purposive Construction discusses the importance of the purport and object of the act. It states that a statute must be read in its entirety and the purport and object of the Act must be given its full effect by applying principles of purposive construction. A purposive construction promoting the object of the enactment but not extending its sweep beyond the frontiers within which it was intended to operate must be adopted. It is the duty of the courts to accept a construction which promotes the object of the legislation and also prevents its possible abuse. Purposive construction can only be resorted to when language of a provision is capable of more than one interpretation. Where literal construction or plain meaning may cause hardship, futility, absurdity or uncertainty, the purposive or contextual construction may be preferred to arrive at a more just, reasonable and sensible result.

{1.12, Purposive Construction, Avatar Singh}

FACTS

The Appellant (Employees' Union) contended that the law reports published by Respondent 1, All India Reporter Ltd., were newspapers under the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (the "Act"). The High Court had accepted the plea of the Respondent, ruling that law reports were not newspapers within the meaning of Section 2(b) of the Act, and therefore the service condition recommendations (Justice Palekar Award) were not applicable to the establishment.

ISSUE

The issue pertaining to the current case is whether law reports, such as All India Reporter, Criminal Law Journal, etc., published by Respondent 1, are considered newspapers as defined in the Act.

RULES

• Section 2(b) of the Act defines a “Newspaper” as: “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 Central Government in the official Gazette”.

• Section 2(c) of the Act defines a “Newspaper Employee” to include any working journalist or other person employed in, or in relation to, any newspaper establishment.

• Entry 39 of List III of the Indian Constitution mentions “Newspapers, books and printing presses.” (Newspapers and books are separate items).

Intention of the Statute: The Act was enacted with the purpose of improving the conditions of service of the employees of the newspaper establishments. Therefore, the opinion that advances the object and purpose of the act and is favourable to the employees for whose benefit the Act was passed, has to be accepted.

JUDGEMENT AND ANALYSIS

• This Hon'ble court observed that a work can be regarded as a newspaper if it is a (i) printed work, (ii) a periodical, and (iii) should contain public news or comments on public news. It was undisputed that the law reports were printed works and periodicals.

• The court examined the definition of “news” (tidings, new information of recent events). It held that judicial decisions, particularly those of superior courts of record, are matters of public importance and constitute news for the public, especially the legal community and those affected by changes in law.

• The court acknowledged the fine line between newspapers and books (citing the Report of the Royal Commission on the Press). It noted that the fact that a law report might be used as a reference book later was not sufficient to hold that it did not contain public news when it was received by the subscriber. At the time of reaching the subscribers, the latest legal position prevailing in the country on specific issues is news.

• The court referred to the decision in T.V. Ramnath v. Union of India, which upheld that Madras Law Journal was a newspaper, and agreed with the Madras High Court, noting that information about recent decisions of courts of record could be news in which the public was interested.

• Applying Purposive Construction, the court reiterated that the Act is a beneficial legislation enacted for the purpose of improving the conditions of the employees. If two opinions of construction existed, the one that advances the object of the act was to be accepted.

• Hence, it was concluded that the law reports are newspapers within the meaning of the Act, and the employees involved in their production and publication are entitled to the benefits of the Palekar Award.