Justice Ranjan Gogoi sworn in as the Chief Justice of India

Chennai, Mar 3: The Madras High Court has ruled that if a working woman gives birth to a child in the second delivery after twins in the first, she is not entitled to maternity benefits as it should be treated as third child.

"As per existing rules, a woman can avail such benefits only for her first two deliveries. Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined by virtue of the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act," the court said.

The first bench, comprising Chief Justice A P Sahi and Justice Subramonium Prasad stated this while allowing the appeal from Ministry of Home Affairs.

It set aside the order June 18 2019 order of a single Judge, who extended 180 days of maternity leave and other benefits to a woman member of the Central Industrial Security Force (CISF) under the rules governing the Tamil Nadu government servants.

The issue pertains to an appeal moved by the ministry, which contended that the leave claim is by a member of CISF to whom the maternity rules of Tamil Nadu would not apply.

She would be covered by the maternity benefits as provided under the Central Civil Services (Leave) Rules, the ministry said.

When the appeal came up for hearing, the bench said it found that a second delivery, which, in the present case, resulted in a third child, cannot be interpreted so as to add to the mathematical precision that is defined in the rules.

The admissibility of benefits would be limited if the claimant has not more than two children, the bench said "This fact therefore changes the entire nature of the relief which is sought for by the woman petitioner, which aspect has been completely overlooked by the single judge", the bench said.

The Shopping Centres Association of India (SCAI) on Monday said the sector has lost over Rs 90,000 crore in the last two months, owing to the lockdown, and market players need much more than the repo rate cut and the loan moratorium extended by the RBI.

In a statement, the industry body said that the Reserve Bank of India's (RBI) relief measures are not adequate to support the liquidity needs of the industry.

According to the SCAI, there is a common misconception that the shopping centres' industry is centred around metros and large cities with investments only from large developers, private equity players and foreign investors.

"However, the fact is that most malls are part of the SMEs or standalone developers. i.e. more than 550 are single owned by standalone developers out of the 650-odd organised shopping centres across the country and there are 1,000+ small centres in smaller cities," it said.

Amitabh Taneja, Chairman of SCAI said: "The organised retail industry is in distress and has not earned anything since the lockdown and their survival is at stake. While the extension of the loan moratorium talks about some relief on repayment but won't help the industry in liquidity."

He said that a long term beneficial plan from the government is much required to revive the sector.

"Being the most safe, accountable, and controlled environment, unfortunately, malls have not been permitted to open which will lead to job losses and might even shut shops for a lot of mall developers," Taneja said.

In its representations to the Centre and the Reserve Bank of India, the association has also pointed out that, in absence of financial package and stimulus from the RBI, over 500 shopping centres may go bankrupt, that may lead to the banking industry staring at NPAs of Rs 25,000 crore.

The industry body has put forward its recommendations and requests to the government. It had sought moratorium till March 2021 at the least in terms of repayment of bank loans, interest, EMI and so on, without levy of any penalties or penal interest.

It has also sought a one-time loan restructuring with lower rates of interest, permitted for shopping centres and a facilitative and forward-looking support provision of short-term financing options for a period of six to 12 months, at lower interest rates, to meet the increased working capital requirements.

Among other relaxations, it had also appealed for GST rebates to offset the losses on account of and for the period of closure of business.

It also said that interest rates should be brought down to "manageable levels" of 5-6% in view of the precarious financial situation.

Srinagar, May 21: Two Border Security Force (BSF) personnel were killed and their weapons snatched by militants in the Pandach area on the outskirts of Srinagar yesterday.

According to IGP Kashmir Vijay Kumar, the two BSF jawans, who were on road surveillance deployment, were fired upon by two of the three terrorists on a motorcycle around 5:15 pm on the 90-Ft Road at Pandach, near Soura. 

They were critically injured and later succumbed to injuries. The terrorists escaped after taking away one AK rifle and one INSAS. Efforts were underway to trace the terrorists.

He said that two jawans, Constable Rana Mandol and Constable Ziaul Haque of ‘C’ company of 37th battalion, were injured and they later succumbed.

“The terrorists managed to take away the weapons of the martyrs. Area has been cordoned off and the search for the terrorists is on”, he said.

Residents around the spot said that the two soldiers were buying chicken for Iftar from a mutton dealer, around 300 meters away from their deployment location when three militants on a motorcycle stopped and opened fire on them.

Medical Superintendent SKIMS Dr Farooq Jan said that both the jawans were brought dead to the tertiary care hospital.

Senior Police officials said it was a “clear case of security lapse” as the two jawans had left their spot of deployment on Srinagar-Kargil-Leh road and gone to a shop 500 metres away on a different road.

They said that possibility of terror attacks and subsequently claims by the new outfit TRF had been flashed to all forces earlier this week.

The terror strike in the capital city has occurred a day after an encounter in downtown Srinagar, where two Hizbul Mujahideen militants, including the top wanted Junaid Sehrai, had been killed on Tuesday.

In the last one month, five Army and Police personnel and two militants had got killed in an encounter in Handwara area of Kupwara, a day before three CRPF men were killed in another attack.