DHAKA, Feb 18, 2024 (BSS) - The Appellate Division of the Supreme Court (SC) will hear arguments from the Newspapers Owners Association of Bangladesh (NOAB) while holding hearing on two separate leave to appeal petitions filed against High Court judgment that declared the recommendation made by cabinet committee in 9th Wage Board Award for journalists and workers of newspapers and news agencies, regarding income tax and gratuity, illegal.

The Appellate Division bench headed by Chief Justice Obaidul Hassan passed the order, asking NOAB to present their arguments through lawyer on April 21. The apex court adjourned the case till that day.

Senior Advocate Salahuddin Dolon took part in the hearing for Bangladesh Sangbad Sangstha-BSS Employees' Union. He was aided by Advocates SM Mahidul Islam Sojib, Tofayel Ahmed and Didarul Alam, while Attorney General AM Amin Uddin and Deputy Attorney General Samarendra Nath Bisws argued for the state.

“NOAB didn’t represent at the High Court hearing of the case. So the apex court will hear their arguments. It passed an order, issuing notices against NOAB president and general secretary and adjourned the hearing till April 21,” Barrister Salahuddin Dolon said.

The senior jurist said that they placed their arguments in support of the High Court judgment in this regard. 

“There is no reason for the state to be aggrieved by that judgment. The concerned authorities or the owners had so far been paying the income tax of the journalists, press workers and administrative employees of the news papers and news agencies as fringe benefit. This benefit was maintained up to Eighth Wage Board. Recommendation was made to maintain this at the Ninth Wage Board, as well,” he added.

The Appellate Division Chamber Judge Court on July 24, 2023, sent the case to the apex court regular bench after holding primary hearing on the plea. The court set the new date, without staying the High Court judgment.

“The High Court on November 6, 2022, passed its judgment, declaring absolute a rule issued in this regard in 2020. As per the judgment, income tax levied on the salaries of journalists, press workers and administrative employees of the news papers and news agencies have to be paid by the concerned owners or news agencies. The state, however, filed separate appeals against the judgment,” Barrister Dolon further said.

The 9th Wage Board headed by Justice Mohammed Nizamul Huq had proposed that income tax levied on the salaries of journalists, press workers and administrative employees of the news papers and news agencies have to be paid by the concerned owners or news agencies.

It also recommended that the journalists, press workers and administrative employees working at newspapers and news agencies of all categories will get yearly gratuity equal to his two months of basic salary based on his last month's draw, for his service ranging six months or more.

But, according to the cabinet committee recommendations for the Ninth Wage Board, income tax levied on the salaries of journalists, press workers and administrative employees have to be paid from their respective income.

Journalists, press workers and administrative employees working at newspapers and news agencies of all categories will get yearly gratuity equal to his one month of basic salary based on his last month's draw, for his service ranging six months or more.

Mohammad Mahbubuzzaman, general secretary of the Bangladesh Sangbad Sangstha-BSS Employees' Union, filed the writ petition on November 23, 2020, challenging the said two provisions of the Ninth Wage Board.

The High Court after holding hearing on the matter, had issued the rule on November 25, 2020, asking authorities concerned to explain as to why it shall not declare illegal and beyond legal jurisdiction the recommendation made by the cabinet committee.

The journalists, press workers and administrative employees of the news papers and news agencies had so far been getting as fringe benefit the money paid against their income tax. Apart from this, according to the BSS Service Rules, journalists, employees were getting yearly gratuity equal to their two months of basic salary.