Woman Giving Birth After Twins Not Eligible For Maternity Benefits: Madras High Court

News Network
March 3, 2020

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.

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Agencies
August 4,2020

Ayodhya, Aug 4: Ramarchan puja begins at Ram Janmabhoomi site ahead of the foundation laying ceremony of Ram Temple in Ayodhya.
Ramarchan Puja is a prayer to invite all major gods and goddesses ahead of Lord Ram's arrival.

Mahesh Bhagchandka, one of the trustees of Ashok Singhal foundation as Yajman in the puja said, "This is being conducted at the temporary seat of Ramlalla. The pooja will be conducted in four phases."

Speaking about the third and fourth phases, he said: "In the third phase, Dashrath, father of Lord Ram with his wives will be worshipped and then all three brothers of Lord Ram - Laxman, Bharat and Shatrughan with their wives. Lord Hanuman ji will too be worshipped. Whereas in the fourth phase, Lord Ram will be worshipped."
Meanwhile, security has been heightened in Ayodhya ahead of the foundation laying ceremony.

Temples across the city is decorated with lights, diyas and flowers ahead of the grand event. Patna's Mahavir Mandir Trust is preparing over 1.25 lakh 'Raghupati Laddoos' for the occasion. Thes laddoos will be distributed as 'prasad' to devotees.

Uttar Pradesh Chief Minister Yogi Adityanath on Monday offered prayers at the Hanuman Garhi temple during his visit to Ayodhya to take stock of the preparations for the 'bhoomi pujan'.
He along with officials also visited 'Ram ki Paudi' to inspect the arrangements ahead of the foundation stone laying ceremony.

Prime Minister Narendra Modi is scheduled to lay the foundation stone of the Ram Temple in Ayodhya on August 5. 

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Agencies
May 4,2020

New Delhi, May 4: The government has not talked about charging anything from migrant labourers as 85 per cent of the transportation cost is borne by the railways and 15 per cent by state governments, the Centre said on Monday amid a row over the national transporter allegedly charging the workers for ferrying them home during the COVID-19-induced lockdown.

The government also said the process of transporting the stranded migrant labourers was being coordinated by states “except for one or two states”.

Asked if the migrant labourers were being charged for being ferried home, Joint Secretary at the Health Ministry Lav Agarwal said that as far as migrant labourers are concerned, the guidelines have clearly stated that under the infectious disease management one should stay where he or she is.

“Based on the request given from states for particular cases, permission was given to run special trains. Be it government of India or the Railways, we have not talked about charging from workers. Eighty-five per cent of the transportation cost is borne by the Railways, while states have to bear 15 per cent of the cost,” he told reporters.

“Based on the request of the states the process that started, under which limited number of stranded migrant labourers have to be transported for a particular reason, is being coordinated by the state governments, except for one or two states,” Agarwal said.

At the daily briefing on the COVID-19 situation, Agarwal also said that in the last 24 hours, 1,074 COVID-19 patients have recovered, the highest number of recoveries in one day.

The recovery rate stands at 27.52 per cent with 11,706 COVID-19 patients cured till now, he said.

Agarwal said in the last 24 hours, 2,553 novel coronavirus cases were reported, taking the number of overall cases to 42,533. The total number of active cases stands at 29,453, he said.

The joint secretary also said that the COVID-19 curve is relatively flat as of now and it was not right to talk in terms of when the peak would come.

“If we collectively work then the peak might not ever come, while if we fail in any way we might experience a spike in cases,” he said.

Amitabh Kant, Chairman of the Empowered Group dealing with civil society, NGOs, industries and international partners, said in 112 aspirational districts, “we worked with the collectors and in these 112 districts only 610 cases have been reported which is two per cent of the national level infection”.

In these 112 districts, 22 per cent of India's population resides, he said.

In a few districts like Baramulla, Nuh Rachi, Kupwara and Jaisalmer more than 30 cases have been reported, while in the rest of the places very few cases are there, Kant said.

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alert
 - 
Tuesday, 5 May 2020

why is no one talking about privatized railways? why Adani is not offering free travel to laborers?

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Agencies
June 18,2020

New Delhi, Jun 18: Vodafone Idea on Thursday told the Supreme Court that it has incurred Rs 1 lakh crore losses as it insisted it is not in a position to furnish bank guarantees.

A bench comprising Justices Arun Mishra, S. Abdul Nazeer, and M.R. Shah, taking up the adjusted gross revenue (AGR) matter through video conferencing, directed the telecom companies to submit their financial documents and books for the last 10 years.

Asking Vodafone if it was a foreign company, the bench said that how can the company say it would not furnish any bank guarantee.

"What if you fly away overnight in future without paying anything?" it asked.

Senior advocate Mukul Rohatgi, representing Vodafone Idea, denied his client is a completely foreign firm and cited before the bench its tie-ups and investments.

Vodafone owes over Rs 58,000 crore as AGR dues and so far, has paid close to Rs 7,000 crore.

Rohatgi contended before the court that the telecom company is in a tough situation, and cannot furnish any fresh bank guarantee, as profits have eluded the company in past many quarters. He submitted before the bench that Rs 15,000 crore bank guarantees are lying with the government, and his client's losses are over Rs 1 lakh crore.

"I cannot offer any more surety," he informed the bench.

Justice Mishra noted that this is public money and these dues should be recovered. "Do not tell us that you will pay if you were to make profits... the money must come," he noted.

Justice Shah observed that the telecom industry is the only industry which earned during the Covid-19 pandemic. "After all, this money will be used for public welfare", he said.

Rohatgi argued that his client would have to fold up if orders were issued to clear dues tomorrow. "11,000 employees will have to go without notice, as we cannot pay them," he added.

Senior advocate Abhishek Manu Singhvi, appearing for Bharti Airtel, contended before the court that out of Rs 21,000 crore AGR dues, the company has already deposited a sum of Rs 18,000 crore.

He argued that his client has given a bank guarantee, in excess of demand, to DoT, and supported the proposal for phased repayment of remaining AGR dues. He insisted that the company needs to sit down with the government and calculate the dues. Airtel owes Rs 25,976 crore after paying Rs 18,000 crore, as per the government.

Senior advocate Arvind Datar, representing Tata Telecom, informed the bench that his client has paid Rs 6,504 crore in AGR dues so far, and furnishing a bank guarantee may adversely impact investments in the sector.

The total AGR dues are close to Rs 1.5 lakh crore.

The top court will now take up the matter in the third week of July.

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