A. N. Grover,j. ( 1 ) THIS judgment will dispose of Civil writs Nos. 181-D of 1963, 333. D to 348-D and 349-D to 352-D of 1963. ( 2 ) THE petitioners are employee in the Government of India Press, New Delhi, as proof-readers. The main point raised in their petitioners in that although they are governed by the Working Journalists (conditions of Service) and Miscellaneous Provisions Act, 1955 (hereinafter called the Act), they are being denied the benefits in the matter of hours of work for which provision is made in the Act and in the rules framed thereunder. It is alleged that as far India Press back as 1961 the workers in the Reading Branch of the Government of formed an association called the Reading Staff Association and started making representations to the respondents in respect of their demands, one of which was that the provisions of the Act and rules framed thereunder should be applied to the reading staff of the Press (letter dated (12th Agust, 1961) Annexure "q". A statement of claims was also submitted to the Labour Commissioner and Conciliation officer, Government of India. Certain correspondence took place between the. Conciliation officer and the Association and on 12th February 1962 the said officer discussed the matter with the representatives of the Association. Further correspondence took place as the Conciliation officer said that the case was under consideration. He intimated by his letter dated 22nd August, 1962 that the Government had decided that the Gazette of India was not a newspaper within the meaning of the Act, and therefore, the dispute raised by the Association had no basis. The association, however, pursued the matter but finally a letter was written on 20th December 1962 by the Under Secretary to the Government of India saying that the provisions of the Act were not applicable to the reading staff of the press and reference in this connection was made to section 19-B which was inserted by Section 8 of the Working Journalists (Amendment) Act, 1962. Thereafter the present petitions were filed and the prayer, as originally made in the petitions, was that the respondents be restrained from requiring the petitioners to work -. Thereafter the present petitions were filed and the prayer, as originally made in the petitions, was that the respondents be restrained from requiring the petitioners to work -. " (A) for more than 144 hours during any period of four consecutive weeks, exclusive of the time for meals; (b) for more than 6 hours per day in the case of a day shift or for more than 5 hours per day in the case of alight- shift, exclusive of the time for meals". There was a general prayer that other necessary directions or orders be issued so as to-give complete relief to the petitioners. ( 3 ) IN the return, which consists of the affidavit of Shri R. F. Isar, Joint Secretary to the Government of India, Ministry of Works, Housing and Rehablitation, it was stated inter alia that the Gazette of India was an official weekly publication and that the other publications mentioned by the petitoners, namely. Fortnightly News Digest and Atomic News Digest had since been stopped. It was further stated that the petitioners were Government employees to whom the Fundamental and Supplementary Rules, Civil Service (Classification, Control and Appeal) Rules, Civil Service (Temporary Service) Rules, Revised Leave Rules, Civil Service Regualtions applied and in view of the definition of a working journalist continne in section 2 (f) of the Act and-the saving clause embodied in section 19-B, the petitioners could not claim any right under the Act. It was, however, admitted in paragraph 7 that the petitioners were "workers" in accordance with the definition given under the Factories Act, 1948 and their hours of work were regulated by the provisions contained in that Act under which they were reqiuired to work for 48 hours in a week. As against this, however, they were working for 44 hours a week at the most during the day- shift and 38 hours during the nightshift. ( 4 ) THE petitioners filed supplementary affidavit dated 10th February 1964 in which it was said inter alia that the poof-readers employed by the Government in its various Ministries and Departments to whom only the rules specified in section 19-B of the Act applied were entirely on a different footing and enjoyed different benefits as compared with the proof-readers like the petitioners. In the case of the former there were no shifts and the working hours were 149 in four consecutive weeks, exclusive of the time for meals, while in the case of the petitioners there were day-shifts and night-shifts and the working hours were 176 for the same period. Moreover, labour laws such as the Factories Act, Payment of Wages Act, Industrial Disputes Act, Trade Unions Act and the rules framed under those Acts were applicable to the petitioners and not to employees of the former class. Therefore, section 19-B of the Act would not apply to them. Alternatively it was pleaded that the aforesaid section must be held to be unconstitutional, ultra vires, void and inoperative so far as it excluded the petitioners from enjoying the benefits of the provisions of the Act. It was maintained that section 19-B, as introduced by the amending Act, was opposed to the provisions of the Act and infringed the fundamental rights of the petitioners and in particular, Article 14 of the Constitution. Further discrimination was being practised in as much as the petitioners were being made to work for a greater number of hours than the proof-readers in the various Ministries and Departments to whom the ruler specified in section 19-B of the Act were applicable. In the rejoinder filed by Shri R. F. Isar dated 12th February, 1965, objection was taken to the intoduction of new matters and fresh facts in the reply filed by petitioners to the return. It was denied that section 19-B was unconstitutional, ultra virus or void and it was submitted that the proof-readers in the various Deparmants/ministries concerned and the petitioners were not similarly placed for the reason that the former were treated as part of the office establishment and the labour laws did not apply to them while the latter, in adition to being subject to the Fundamental and Supplementary Rules etc. were also governed by the various labour laws. ( 5 ) MR. N. C. Chatterji, learned counsel for the petitioners, has sought to raise two main contentions before me. were also governed by the various labour laws. ( 5 ) MR. N. C. Chatterji, learned counsel for the petitioners, has sought to raise two main contentions before me. The first is that the publication made by the Government of India Press in which the petitioners are employed would be covered by the definition of the word "news paper" contained in section 2 (b) and that the petitioners, who are proof-readers, would beincluded in the definition of the "working journalist" in section 2 (f) and, therefore, they would be entitled to the benefit of section 6 of the Act which has fixed the maximum hours of work for the working jornalist. The second contention is that the saving provision does not apply to the petitioners and if it beheld to be applicable, it would be unconstitutional violative of Article 14. The relevant provisions of the Act maybe reproduced- " 2 (b) newspaper means any printed periodical, work containing public news or coments 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; (f) working Journalist means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader-writer, news editor, sub-editor, feature-writer, copy tested reporter, correspondent, cartoonist, news-photographer and proof-reader, but does not include any such person who (i) is employed mainly in a managerial or administrative capacity, or (ii) being employed in a supervisory capacity performs, either by the nature of the duties attached to his office or by reason of the powers vested in him functions mainly of a managerial nature. 6. (1) Subject to any rules that may be made under this Act, no working journalist shall be required or allowed to work in any newspaper establishment for more than one hundred and forty-four hours during any period of four consecutive weeks, exclusive of the time for meals. (2) Every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twenty-four consecutive hours, the peroid between 10 P. M. and 6 A. M. being included therein : Explanation :-For the purposes of this Section, week means a period of seven days begining at mid-night on Saturday. (2) Every working journalist shall be allowed during any period of seven consecutive days rest for a period of not less than twenty-four consecutive hours, the peroid between 10 P. M. and 6 A. M. being included therein : Explanation :-For the purposes of this Section, week means a period of seven days begining at mid-night on Saturday. 19-B. Nothing in this Act or the Working Journalists (fixation of Rates of Wages) Act, 1958 shall apply to any working journalist who is an employee of the Government to whom the Fundamental and Supplementary Rules, Civil Services, (Classification, Control and Appeal) Rules Revised Leave Rules, Civil Services, Rules. Revised Leave Rules Civil Services (Classification, Control and Appeal Rules or the Indian Railway Establishment Code or any other rules or regulations that may be notified in this behalf by the Central Government in the Official Gazette, apply,"now, admittedly the various parts of the Gazette of India which is published weekly as also of the Delhi Gazette are published by the Government of India Press. The synopsis of debtors of both the Houses of Parliament are also published by this Press. Mr. Chatterji has placed before me printed copies of the Gazette of India, Extraordinary, Part I-Section I, published on Friday, the 29th May, 1964, when the late Prime Minister Pt. Jawahar Lal Nehru passed, away and in that notification a historical back ground of the life and achievements of the late Prime Minister were summarised. Similarly, the Gazette of India, Extraordinary, Part I-Section 4, published on Saturday, the 23rd November, 1963, contains a notification of the Ministry of Defence dated 22nd November, 1963 saying that the President had learnt with the deepest regret of the death of six distinguished officers of the Armed Forces etc. A. very brief summary was then given in respect of each distinguished officer who had died in the air crash on 22nd November, 1963. These have been marked by me as Annexure C/1 and C/2 respectively, and have been directed to be placed on the record. Mr. Chatterji contends that the Gazette of India, the copies of which have also been filed with the petition as Annexures, as also the publication of the synopsis of the debates of the Houses of Parliament and other similar publication by the Government of India Press falls squrely within the definitions of "newspaper" in section 2 (b) of the Act. Mr. Chatterji contends that the Gazette of India, the copies of which have also been filed with the petition as Annexures, as also the publication of the synopsis of the debates of the Houses of Parliament and other similar publication by the Government of India Press falls squrely within the definitions of "newspaper" in section 2 (b) of the Act. According to him, these are printed periodical works containing public news. Moreover, these works are sold at scheduled price to the public. What has, therefore, to be seen is whethere the information which is published in these publications can be regarded as public news. The meaning of the word "news" as given in the Webster s New International Dictionary :- " * * * * * ( 2 ) A report of a recent event; information about something before unknown; fresh tidings; recent intelligence. * ** * * *" 6. The meaning of "news" has to be read along with the "newspaper" as given in the same dictionary which is as follows: - "a paper printed and distributed, at stated intervals, usually daily or weekly, to convey news. advocate opinions, etc. now usually containing also advertisements "and other matters of public interest: * * * * * * " In words and Pharases by Reland Burrows, Volume III, a case from Australia is mentioned with reference to the meaning of the word "newspaper" in which the question was the whether Bradshaw s Guide was not a publication known and recognised as a newspaper in the generally accepted sense of the word. The answer was given in the negative by Hood J. in Ex. p. Stillwell who said that in its real nature the Bradshaw s Guide was essentially a book of reference and lacked every element of what could be called a newspaper. Its form, its contents, and its use, all pointed to something totally different to an ordinary newspaper, whose main object was to give information about recent events, and which was not a record but was in its nature ephememal. Narasimham C. J. delivering the judgment of the Bench in P. S. V. Iyer v. Comissioner of Sales Tax* applied these observations to the case of Cuttack Law Times which was held not to fall within the meaning of the word "newspaper for the purposes of section 24 (1) ofthe Orissa Sales Tax Act. Narasimham C. J. delivering the judgment of the Bench in P. S. V. Iyer v. Comissioner of Sales Tax* applied these observations to the case of Cuttack Law Times which was held not to fall within the meaning of the word "newspaper for the purposes of section 24 (1) ofthe Orissa Sales Tax Act. ( 7 ) THUS, the short question is whether the information or reports which are published in the Gazette of India would be news because it is not disputed that the Gazette is a printed periodical work. The Annexares, which have been filed, show a variety and diversity of matters which are published in the Gazette, for instance In Annexure "a" there is a notification dated 26th January, 1963 which relates to the award of Maha Vir Chakra for acts of gallantry to various army officers mentioned therein as also the award of Police Medal to a police officer. It is unnecessary to refer to all the notifications contained in Annexure "a" but Mr. Chatterji has relied particularly on the notification dated 14th January 1963 in which the prices fixed with regard to Soda Ash have been published. Annexure b" contains notifications with regard to various officers in different Ministries who have been appointed to certain posts. Particular attention has been invited to the notification dated 15th February 1963 saying that consequent on his appointment as an Additional Judge of the Calcutta High Court, Shri Durga Das Basu relinquished charge of the office of Member, Law Commission, with effect from the afternoon of the 5th February, 1963. Annexure "e" contains the publication of the Goa, Daman and Diu Scheduled Goods (Movement Control) Regulation, 1963 Annexure "l", a printed copy of the Delhi Gazette, contains Court notices of the circuit. Civil and Criminal, Courts and in Annaxure "m" is published notification relating to the Municipal Coporation of Delhi containing a statement showing errors in the summaries of Monthly Abstracts of Receipts and Expenditure of the Water Supply a Sewage Disposal Undertaking. Annexure "p" contains a copy of an arbitration agreement entered into between the managment of Partap Press New Delhi and its workmen. As stated previously, Annexire C/1 and C/2 relate to the passing away of the late Prime Minister Pt. Jawhar Lal Nehru on 27th May, 1984 and the death of six distinguished officers of the Armed Forces in an air crash on 22nd November, 1933. As stated previously, Annexire C/1 and C/2 relate to the passing away of the late Prime Minister Pt. Jawhar Lal Nehru on 27th May, 1984 and the death of six distinguished officers of the Armed Forces in an air crash on 22nd November, 1933. Now, although it is true that the Gazette contains numerous matters which it is necessary to publish under various statutes, statutory rules, regulations etc. but it cannot be said nor has it been shown that the notifications of the nature contained in annexure C/1 and C/2 as also the reports about the awards for gallantry have been published owing to any requirements of the laws of the land. It may be that when the Prime Minister passes away that fact has to be notified for public information and similarly the fact of the senior officers of the Armed Forces having died in an air crash may have to be notified but what has been stated in these notifications appears to indicate that they are more in the nature of such public news as would be published even in a newspaper as read and understood by all members of the public. Moreover, it seems to me that even the other matters which are published in the Gazette cannot but be regarded as reports of recent events which it is necessary to be conveyed to the public in an authentic and official pe:iodical. It is not essential for a newspaper to conform strictly to the usual pattern of a daily or weekly or monthly newspaper or magzine containing news which members of the public ordinarily read in order to get reports of recent events, comments on them, etc ; but that cannot be the prime consideration in deciding whether the Gazette of India ran be called a newspaper within the meaning of section 2 (b) of the Act. Mr. Chatterji appears to be right in saying that the Gazette of India is the official publication of ah kinds of news and information which the Government wish to be made known to the public. In Aiyer s Law Terms and Pharases (4th Edition ). Gazette is stated to be official publication of news of all kinds the Government desire to make known to the public. In Aiyer s Law Terms and Pharases (4th Edition ). Gazette is stated to be official publication of news of all kinds the Government desire to make known to the public. The meaning of this word as given in this Oxford English Dictionary is well known that if a statutory provision is good and valid it does not become bad am void because in actual practice some discrimination is being exercised between one set and another set of employees doing the same kind of work. It may also seem anomalous that, as held by me, the definition of working journalist in the Act should cover the petitioners but by Section 19 B they should have been deprived of the benefits of the Act. These are however, matters which it is fur the Parliament to look into and further clarify its intention by proper amending legislation, if considered necessary, bu ( is not possible to say that section 19-B suffers from the vice of discrimination and is liable to be struck down under Article 14 of the Constution ( 13 ) IN the result, This petition fails but in the circumstances there will be no order as to costs.