Tag: 上海419龙凤

Supreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court

first_imgTop StoriesSupreme Court Stays Disciplinary Proceedings Against Labour Judge, Issues Notice To Madras High Court Srishti Ojha3 March 2021 8:08 AMShare This – xSupreme Court has on Tuesday issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. The top Court has issued notice to Madras High Court, returnable in four weeks. A three Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has also ordered a stay on impugned order of the High Court dated…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginSupreme Court has on Tuesday issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. The top Court has issued notice to Madras High Court, returnable in four weeks. A three Judge Bench of CJI Bobde, Justice Bopanna and Justice Ramasubramanian has also ordered a stay on impugned order of the High Court dated 25th Aug 2020 whereby HC had refused to quash the disciplinary proceedings and charge memo framed against the Labour Judge, holding that it was a premature stage for the petitioner to raise any plea with regard to any infirmity in the initiation of the Disciplinary Proceedings. The petitioner Judge was represented by Senior Advocate V Prakash and Advocate Senthil Jagdeesan before the Supreme Court The disciplinary action was initiated against the Labour Judge, for an order passed by him setting aside dismissal of a workman on the ground that the findings of the Enquiry Officer were unsustainable in law. The High Court had held that the Labour Judge had deliberately overlooked the Report of the Enquiry officer and drew adverse inference against the Management, inspite of availability of abundant evidence. Before the Madras High Court, a plea was filed by the District Judge, assailing the charge memorandum dated 29th June 2020 levelling allegations of serious misconduct while discharging his judicial duties as the Presiding Officer of the First Additional Labour Court, Chennai. According to the petitioner, the High Court failed to appreciate that the charge memo suffers from several infirmities both procedural and substantive in nature. It failed to appreciate that the division Bench had in its order had observed that the action could be taken against the petitioner on the administrative side “in case there is material to that affect”. However the assailed charge memo was filed in complete disregard of the High Court’s direction and relies only on order of the Single Judge whereby it had refused to expunge remarks made against the petitioner. The present plea has stated that annexure II of the charge memo comprising of the statements of imputations in support of the charge is completely against the directions of the division Bench. The plea has argued that the entire process cumulonimbus in passing of the award by the petitioner was in exercise of powers vested in a Presiding officer under Rule 39 of the Tamil Nadu Industrial Dispute Rules 1958. According to the petitioner, the High Court should have appreciated that a charge memo ought not to be issued against a judicial or quasi judicial authority merely because there is some mistake or error in passing the orders. The top Court has ok several occasions disapproved the practice of initiation of disciplinary proceedings against officers of subordinate judiciary merely because the judgements or orders passed by them are wrong. The plea has cited Supreme Court’s observation in case of Zunjarro Bhikaji Nagarkar vs Union of India where it was observed that if every error of law were to constitute a charge of misconduct, it would impinge upon the independent functioning of quasi-judicial officers. Facts: An award was rendered by the petitioner judge dated 28th June 2016 in the case of M.Palanisamy v. The Management, World Vision India, Chennai, where the dismissal of the workman was set aside on the ground that the findings of the Enquiry Officer were unsustainable in law, and since the Management had failed to produce vital records and justify the findings, reinstatement was ordered with only 25% back wages. When the award was challenged by the Management before the High Court, a Single Judge, passed an order of interim stay. After perusal of the entire records received from the labour Court, the High Court was of the prima facie opinion that the Labour Judge had deliberately overlooked the Report of the Enquiry officer and drew adverse inference against the Management, inspite of availability of abundant evidence. The court observed that the Labour Judge for some other unknown reason, had given such finding against the Management and directed the matter to be placed before the Administrative side of the High Court to take departmental action against the Labour Judge. A show cause notice was then issued to him by the Judicial Officer and he had submitted his explanation. He then approached the High Court seeking to expunge the remarks made against the him in the High Court’s order dated and to direct the administrative side of the High Court to give up the proceedings bearing initiated against the him. A miscellaneous petition was then filed by the Labour Judge before the High Court against the disciplinary action order, where the Court reiterated that the Judicial officer is being given an opportunity by way of show cause notice and the remarks made by the High Court were only prima facie and not a conclusive one and therefore, no prejudice is caused to the petitioner. The Court had given the petitioner, the liberty to putforth his case before the administrative side of the High Court, and had directed a copy of the petition to expunge the remarks filed by the Judicial Officer to be placed before the administrative side of the Court conducting enquiry against the petitioner. The petitioner had filed an appeal before the High Court where a division Bench had observed that before passing any adverse remarks or strictures, the Judicial Officer had to be put to notice. The appeal was allowed on the short ground that no notice was issued by the Court before passing the remarks, observing that the remarks made in the order would not bind the High Court on the administrative side for taking any independent action in case there was material to that effect. The High Court however resolved to proceed against the petitioner on the administrative side and, accordingly, suspended him on 11th March 2020, followed by a charge memo dated 29th June 2020. When the petitioner challenged the charge memo before the High Court, it held that it was a premature stage for the petitioner to raise any plea with regard to any infirmity in the initiation of the Disciplinary Proceedings or the issuance of the charge-memo to which a reply can be given by him for explaining his stand. Hence a plea was filed before the Supreme CourtClick Hear To Download/Read Order Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Storylast_img read more

MMH offers financial options for those with COVID-19 income loss

first_imgBatesville, IN—For patients who are experiencing financial hardships due to the COVID-19 pandemic, Margaret Mary Health is offering modified payment plans and support to help.Those who are temporarily unemployed may qualify for significantly reduced payment plans for up to 90 days. Additionally, those who have been permanently laid off may now qualify for financial assistance. “We understand many members of our community may be struggling financially right now,” said MMH President and CEO Tim Putnam. “Our community always supports us in our time of need, and we want to do the same for them. We hope anyone who is having trouble paying their medical bills will reach out to us so we can determine payment arrangements that meet their needs.”MMH’s financial counselors are available to work with patients on a case-by-case basis. To discuss payment plan options or financial assistance, call the MMH business office at 812.933.5441.last_img read more

Suisham’s winner lifts Steelers over Browns 30-27

first_imgPittsburgh Steelers kicker Shaun Suisham (6), left, is congratulated by teammates agter hitting a 41-yard field goal as time ran out in the fourth quarter of the NFL football game against the Cleveland Browns on Sunday, Sept. 7, 2014 in Pittsburgh. The Steelers won 30-27. (AP Photo/Gene J. Puskar)PITTSBURGH (AP) — Johnny Manziel’s time is coming. For now, the most famous backup quarterback in football is merely a student.Brian Hoyer, the journeyman veteran who beat out the Heisman Trophy winner for the starting job in Cleveland, provided a lesson in resilience on Sunday. Then Ben Roethlisberger and the Pittsburgh Steelers provided another in how to finish.Again.Roethlisberger hit Markus Wheaton twice during a last-gasp drive to set up Shaun Suisham’s 41-yard field goal as the Steelers survived 30-27.“Well, that was exciting, wasn’t it?” joked Steelers coach Mike Tomlin.That’s one way of putting it. Another might be harrowing after Pittsburgh let a 24-point lead evaporate.Still, in the end it was Roethlisberger doing what he always seems to do when he faces the Browns. Roethlisberger improved to 18-1 against Cleveland after one last audible set up Wheaton for a 20-yard gain.“When (Suisham) lines up to kick it, I was on the sideline like, ‘This was why we have him,’” Roethlisberger said. “There was never a doubt he was going to make it.”There never is when the Browns (0-1) play in Pittsburgh (1-0). Cleveland hasn’t beaten the Steelers on the road in 11 years, though for the first time in a long time the gap in the decidedly one-sided rivalry appears to be narrowing.Roethlisberger passed for 365 yards and a touchdown, running back Le’Veon Bell had 197 total yards and a score and Antonio Brown caught five passes for 116 yards with a touchdown. Brown added a highly entertaining (if illegal) kick to the face of Cleveland punter Spencer Lanning — and still the Steelers needed every last second to hold off the Browns.“We can’t apologize for the way we win,” Roethlisberger said. “We just have to win games.”Cleveland’s second-half rally came without receiver Josh Gordon (suspension), running back Ben Tate, who left in the second quarter with a knee injury, and tight end Jordan Cameron (shoulder).It also came without Manziel. He spent his NFL debut in a baseball cap watching Hoyer nearly engineer one of the unlikeliest upsets since the franchise’s reincarnation in 1999.The northern Ohio native who was nearly out of football when the Steelers gave him a short stint as a backup in 2012 completed 19 of 31 passes for 230 yards and a 9-yard touchdown to Travis Benjamin. That tied the game at 27 with 11:15 to go.“I told those guys at the end of the game that I’ll take that team to the end of the Earth if we’re going to fight back like that,” Hoyer said.Scrapping is nothing new to Hoyer, who held off Manziel during an uninspired training camp battle. Coach Mike Pettine promised the well-traveled Hoyer he wouldn’t have to spend games looking over his shoulder. Pettine flatly answered “no” when asked if he considered going to Manziel after the Browns fell behind 27-3 at the half.“The way the game went we just never felt the need for him,” Pettine said.The Browns ditched their methodical attack for an uptempo no-huddle that kept Pittsburgh off-balance. When Tate went to the sideline, rookies Terrance West and Isaiah Crowell provided a jolt.West darted for 100 yards and Crowell scored a pair of second-half touchdowns as the Browns somehow pulled even.It just wasn’t enough. After sometimes frantic play for the first 50 minutes, both teams squandered chances to take control. Cleveland’s last gasp came with a first down its  20 with 1:53 to go. A sack, an incompletion and an ill-advised screen gave the Steelers the ball back at their 43.Roethlisberger found Wheaton for an 11-yard gain on second down and connected with Wheaton again at the Cleveland 24. Suisham, who signed a contract extension during training camp, smacked the winner down the middle.Earlier, surrounded by playmakers and emboldened by an expanded no-huddle offense, Roethlisberger passed for 278 yards — including a beautiful 35-yard rainbow touchdown to Brown — in the first 30 minutes as the Steelers raced to the 27-3 halftime lead.The highlight came on a rollicking punt return by Brown in the second quarter. He tried to leap over Lanning, only to have his cleat smash into Lanning’s face. The play drew an unnecessary roughness penalty on Brown — perhaps the first ever by a punt returner — and comic laughter from the sun-splashed crowd delighting in what appeared to be  another mauling in a series full of them.“I tried to get over him,” Brown said. “There was no intent to hurt him. It was just a bad outcome of a play.”The penalty hardly stopped the Steelers, who needed two plays to spring Bell for a 38-yard touchdown run that made it 24-3.NOTES: Cameron caught two passes for 47 yards before aggravating a shoulder injury that has bothered him all summer. … The Steelers are 11-1 in their last 12 home openers. … Pittsburgh RB Dri Archer left the game with left knee and ankle injuries and did not return.___AP NFL website: www.pro32.ap.org and www.twitter.com/AP_NFLlast_img read more

Education rights affirmed

first_imgThe information in the charter provides an indication of what children, their parents and other caregivers may expect of the education system.(Image: Ray Maota) Lindiwe Mokate of the SAHRC said that the right to a basic education is a constitutionally protected right that is unequivocally guaranteed to all children in South Africa. (Image: SAHRC) MEDIA CONTACTS • Isaac Mangena   SAHRC: Communications Coordinator  + 27 11 877 3603 RELATED ARTICLES • New uniforms for needy pupils • Class of 2012 does it better • Teaching teens to fish • Safeguarding our future leadersRay MaotaA charter on basic education has been drawn up to clarify the South African government’s obligation to provide quality education to children, and to track its progress.The South African Human Rights Commission (SAHRC) has established its Charter of Children’s Basic Education Rights, and each year will measure progress against the charter using national and provincial data from Statistics South Africa, the Department of Basic Education and other research. While the charter is not legally binding on the state, it gives advice on how the state can meet its obligations, and will monitor its education delivery. South Africa is the third country in the world after Ireland and the United Kingdom to have a basic education charter.Lindiwe Mokate, the commissioner for children’s rights at the SAHRC, said: “The right to a basic education is a constitutionally protected right that is unequivocally guaranteed to all children in South Africa. It is considered a central facilitative right that is not qualified by expressions such as ‘available resources’, ‘progressive realisation’, or ‘reasonable legislative measures’, which are applicable to other socio-economic rights enshrined in our Constitution.”She added that it had increasingly been recognised at an international level that national human rights institutions were best placed to determine the monitoring indicators for economic and social rights given their independent nature and knowledge of local conditions.“The charter provides a statement of the various obligations of the state to ensure the realisation of the right to basic education, notes key shortcomings and inequities, revisits commitments made to address the gaps in achieving quality education, and the key role players are identified,” said Mokate.Aida Girma, Unicef’s representative in South Africa, said that the right to education was invaluable in attempts to eradicate poverty and tackle these challenges. “It is my hope that this charter will contribute to renewal of, and re-commitment to, quality basic education for all children in South Africa,” she said. The charterThere are many underlying factors behind the poor quality of education and educational outcomes.According to the SAHRC, these include: social and economic factors, such as poverty and low literacy levels and low levels of formal education in children’s families; insufficient levels of educational support at home; insufficient school infrastructure and basic services at schools such as water, sanitation and electricity; lack of learning resources and materials such as libraries, laboratories and text books; the cost of schooling; poorly trained teachers and teachers with insufficient subject knowledge; and lack of access to early childhood education, among others.The charter is an informational and advocacy tool that will help a wide range of stakeholders know their rights and responsibilities.The information in the charter provides an indication of what children, their parents and other caregivers may expect of the education system; an educational tool for parents and caregivers regarding the role they may be required to play so that children can enjoy their right to basic education; and a summative planning and monitoring tool for the departments of basic education regarding their respective obligations.It also includes a planning tool for institutions of higher learning and the national Department of Basic Education for their roles and responsibilities in relation to improving the quality of teachers, teaching and learning in the classroom, among other things.“Twenty years into the democratic dispensation we are still arguing about the norms and standards of education. Every child is entitled to a good education. We have spent time talking with little action as far as the child’s right to education is concerned,” said the SAHRC’s chairman, Lawrence Mushwana.The charter includes:The availability of education: basic education must be made available by the state to all children;The accessibility of education: education must be accessible to all children;Acceptable education: the curriculum, teachers, teaching methods, educational outcomes and teacher and  learner behaviour must be acceptable; and,Adaptable education: the education system must be inclusive, flexible and responsive to children’s different circumstances and learning needs.Mokate added: “The charter provides a benchmark of where we are in terms of fulfilling the right to a basic education and where we need to go to ensure that every child receives an education.”last_img read more

Canterbury Take New Zealand’s Second Crown

first_imgCanterbury is the second New Zealand side to take a title at this years NTL. Canterbury beat the Sydney Scorpions in a close match, taking it 8-7.The home side were the first to score, with Jason Scharenquivel touching down first. Things were back level within a minute, with Canterbury’s Jimmy Hema scoring second. Anthony Dudek, from the Scorpions, scored the third try of the match, with Canterbury’s the fourth from a beautiful cut-out ball. Scorpions scored their third, and the fifth of the match through Phil Jarrett, leaving the scores at half time 3-2, in favour of the Australians.The start of the second half was a repeat of the first, with the Scorpions Scharenquivel catching players offside to score. One minute later, Jimmy Hema scored his second. In the 10th minute, Canterbury captain Scott Grant scored, after some good sportsmanship from the Scorpions, who called a no-touch. Their sportsmanship was repaid, with Jarrett scoring his second. A minute later, Canterbury’s Corey Grant dove through to even things at 5-all. A few minutes later, Canterbury scored again, through Matt Withers, after some great work from Brendan Stewart. Mark Williams, from Canterbury, doubled their lead with a try, before it was brought back to just one touchdown after a try from the Scorpions Craig Beacroft. Brendan Stewart then scored his own try, with less than five minutes left, before Scorpions gave themselves a chance when Brad Mitchell scored with a minute and a half left on the clock.However, they could not score again, with Canterbury taking the game and the title.last_img read more

Photo: Maryland’s Jared Nickens And Melo Trimble Hung Out With Radio DJ Peter Rosenberg

first_imgA closeup of Melo Trimble biting his Maryland uniform.ORLANDO, FL – MARCH 16: Melo Trimble #2 of the Maryland Terrapins reacts after being defeated by the Xavier Musketeers 76-65 in the first round of the 2017 NCAA Men’s Basketball Tournament at Amway Center on March 16, 2017 in Orlando, Florida. (Photo by Rob Carr/Getty Images)When you’re having as good of a freshman year as Maryland’s Melo Trimble and Jared Nickens are, you get to hang with some pretty cool people. Peter Rosenberg is the well-known host of The Hot 97 Morning Show on 97.1 FM in New York City. He also hosts a wrestling podcast for Grantland. He’s also an alumnus of the University of Maryland, and a fan of the Terrapins.Rosenberg attended Maryland’s 60-50 win over Rutgers on Tuesday, which solidified the Terps as the No. 2 seed in the upcoming Big Ten Tournament. After the game, he hung out with Trimble and Nickens, who posted a photo of the trio on his Instagram.Overall, I’d say the Maryland program is doing alright for its first year in a new league.last_img read more

Quebec premier outlines plan to push back against protectionist US policies

first_imgQUEBEC CITY, Que. – Quebec Premier Philippe Couillard will be heading to the United States next week to push back against U.S. President Donald Trump’s protectionist trade policies.Couillard told reporters Wednesday he’ll be in Washington D.C., on Tuesday to meet with elected officials and Trump administration representatives to denounce U.S. tariffs imposed on Canadian lumber, newsprint, steel and aluminum.He will also be in New York City on Thursday as the province aims to cultivate contacts with U.S. policy-makers, legislators and business people who are likely to support it as trade tensions escalate between the two countries.“I don’t actually know how the behaviour can be changed or predicted,” Couillard said of Trump’s policies. “What I know is that we have a lot of allies in the States, people who think like us … these are the people who we will keep in contact with.”Couillard described the spats as “skirmishes” that could eventually lead to a trade war and said he will send a message to his U.S. counterparts that there is nothing to be gained from it.The provincial government outlined an evolving series of measures to counter the protectionist policies, summed up by the words denounce and mitigate.Quebec, whose economy is closely tied to that of the United States with three-quarters of exports heading to that country, said it will also diversify its export markets going forward.He gave as an example the European Union market as well as intensifying trade with other Canadian provinces.Quebec won’t go on the offensive alone — Couillard said he spoke with Ontario premier-designate Doug Ford on Wednesday, who responded positively to his request for the two provinces to work together to stand up to the Trump administration.“On the importance of our combined economies and the need to work together, we are in total agreement,” Couillard said.last_img read more

Accident on the South Taylor Hill on Saturday leads to investigation

first_imgTAYLOR, B.C. – Saturday, October 5th, 2019 at approximately 12:10 PM police and emergency services responded to a serious injury, two-vehicle collision on south Taylor Hill, Hwy 97.According to Mike Halskov, Cpl Media Relations Officer for the RCMP, Upon arrival, it was determined that the driver of a truck had collided with another vehicle, causing significant injuries to the lone occupant of the second vehicle, a man in his 40’s from the United States.He was transported to the hospital for treatment of serious, but non-life threatening injuries.Police entered into an impaired driving (by drug) investigation with the man who was driving the truck, a man in his 30’s from the local area who is known to police.The highway was closed for a period of time as police investigated this criminal collision.  Peace Regional Traffic Services (FSJ) and the Collision Analysis and Reconstruction Service are continuing with the investigation.Anyone with information about this crash is asked to call Peace Regional Traffic Services in Ft. St. John at 250-787-8140, quoting file 2019-10135.No further information is available as the matter is under investigation.***An earlier version of this article had the incorrect date of the incident.  The collision happened on Saturday October 5, 2019.last_img read more

35K families in New Gurugram still do not have access to water

first_imgGurugram: Thirty-five thousand families in New Gurugram do not have access to water supply as pipelines have not been laid in these areas. Despite assurances given by the Gurugram metropolitan development authority (GMDA), the deadline is not being met due to various challenges. The families in the sectors are getting their water supply from tube wells and tankers.The Gurugram Metropolitan Development Authority (GMDA) has promised to complete work on laying pipelines in the coming months, covering most of the new sectors between 58 and 115. However, the work in sectors 68-90 is still stuck due to hurdles related to land acquisition. Also Read – After eight years, businessman arrested for kidnap & murderTo provide piped water to new sectors, the development authority has already augmented the capacity of Chandu Budhera water treatment plant. “We have increased the capacity of Chandu Budhera plant; the increased capacity will be used to cater to only the new sectors. We have also raised the capacity of the water boosting station in Sector 51,” said a senior official from GMDA. The official further said that GMDA has a plan to set up a boosting station in Sector 72. But it would take around two and a half years to be built. Thus, initially, the Sector 51 boosting station will be used for supplying water to the new sectors. Also Read – Two brothers held for snatchingsOn the current status of work on laying internal pipes to connect the master pipeline with households in different sectors, GMDA officials said the new sectors from 58 to 115 have been divided into four phases –58-67, 68-80, 81-95 and 95-115. Pipes for the first phase, comprising sectors along Golf Course Road Extension, are being laid. And according to officials, the supply will start in the mid of 2019. For sectors between 81 and 95, land acquisition has been completed for laying the pipelines. But Huda is yet to allow alternative plots to landowners, which may take a few more weeks. Also, the pipelines have to cross the railway tracks, for which GMDA officials are already in talks with the railways. “They had asked us to deposit Rs 15 crore. We have already approved Rs 6 crore, which will be given to them within the next week. They will need a month to complete their process and we will need another month after that to complete the pipe laying work. This phase should start getting piped water in the next two-three months,” said the senior official from GMDA.last_img read more