Ensure staff use govt treatment scheme: UT Khader

New Delhi, Mar 19: The Supreme Court on Thursday upheld the validity of Karnataka's 2018 reservation law, which granted reservation in promotion to employees belonging to SC and ST categories.

A bench headed by Justice DY Chandrachud holds that applications filed by a group of general category employees for applying 'post-based quota' and the principle of the creamy layer at entry-level in public employment are not maintainable.

The apex court had, in November last year, reserved its order on the applications filed by general category candidates in the matter.

In May last year, the top court had upheld the law allowing reservations in promotions for SC and ST candidates with consequential seniority.

Bengaluru, June 12: The Karnataka government has withdrawn its notification that allowed factories to extend working hours up to 10 hours a day and 60 hours a week, with immediate effect.

The extension of work hours was from eight hours a day and 48 hours a week. On May 22, the government had exempted all the factories registered under the Factories Act, from the provisions of Section 51 (weekly hours) and Section 54 (daily hours), till August 21 subject to certain conditions.

"Whereas, having examined the provisions further, the Government of Karnataka now intends to withdraw the said notification," the state government in a fresh notification dated June 11 said.

It said, "Therefore, in exercise of the powers conferred under Section 5 of Factories Act, 1948 (Act No. 63 of 1948), the Government of Karnataka hereby withdraws the Notification dated 22-05-2020 with immediate effect."

According to the Karnataka Employers' Association, a petition was filed in the High Cour challenging the May 22 notification as "illegal, arbitrary and in violation" of Section 5 of the Factories Act which permits exemption from any of the provisions of the Factories Act only in case of Public Emergencies'.

During the course of hearing on June 11 an observation was made by the High Court, that it may have to quash the notification unless the government clarifies as to what is the 'Public Emergency' involved to enhance the working hours by exempting some provisions of the Factories Act, it said.

The court further observed that the government should make a submission on June 12 in this behalf. However, the government withdrew the notification on June 11 itself. Recently states like Rajasthan and Uttar Pradesh too had retracted after permitting extending work hours.

Mangaluru, May 21: The Supreme Court has awarded Rs 7.64 crore compensation to the next of kin of a man who was killed in a crash-landing of Air India Express Flight 812 from Dubai in Mangalore on May 22, 2010. The accident killed 158 out of 166 passengers on board.

The family of the 45-year-old Mahendra Kodkany, which include his wife, daughter and son, were earlier granted Rs 7.35 crore as compensation by National Consumer Disputes Redressal Commission (NCDRC). This compensation will now get enhanced after adding 9 per cent interest per annum (on the amount yet to be paid), to be paid by Air India.

Kodkany was the regional director for the Middle East for a UAE-based company. The aircraft overshot the runway and went down a hillside and burst into flames.

A bench comprising Justices D.Y. Chandrachud and Ajay Rastogi said: "The total amount payable on account of the aforesaid heads works out to Rs 7,64,29,437. Interest at the rate of nine per cent per annum shall be paid on the same basis as has been awarded by the NCDRC. The balance, if any, that remains due and payable to the complainants, after giving due credit for the amount which has already been paid, shall be paid within a period of two months."

The apex court noted that in a claim for compensation arising out of the death of an employee, the income has to be assessed on the basis of the entitlement of the employee. The top court said: "We are unable to accept the reasons which weighed with the NCDRC in making a deduction of AED (UAE currency) 30,000 from the total CTC. Similarly, and for the same reason, we are unable to accept the submission of Air India that the transport allowance should be excluded. The bifurcation of the salary into diverse heads may be made by the employer for a variety of reasons."

The top court observed that the deceased was evidently, a confirmed employee of his employer. "We have come to the conclusion that thirty per cent should be allowed on account of future prospects", added the court.

The top court noted that if the amount which has been paid by Air India is in excess of the payable under the present judgement, "we direct under Article 142 of the Constitution (discretionary powers) that the excess shall not be recoverable from the claimants," said the court.