Labour court order upheld

30/10/2019 , Staff Reporter, Madurai

In a relief to a bus driver, the Bench of Madras High Court dismissed the petition filed by the Tamil Nadu State Transport Corporation, Karaikudi division, against a labour court order that had given the driver a clean chit in an accident case.

The Corporation in its petition challenged the order of the labour court that had concluded that the driver A. Sundar was not responsible for the accident that involved a bus and a car.

It was said that in July 2000, the bus en route from Karaikudi to Dindigul met with an accident. The head-on collision resulted in three deaths and three seriously injured. The driver was held responsible for the accident and a departmental inquiry was initiated against him.

He was terminated from service. The driver moved the labour court which set aside the termination order and directed the Corporation to reinstate him with continuity of service.

Justice S.S. Sundar observed that the Corporation had not examined any one before the labour court and had relied on the inquiry report. Also, the conductor had submitted that the driver was not responsible for the accident. With no material to prove the charge against the driver, the labour court had concluded that the driver was not responsible for the accident.

The Corporation had not produced any independent witness to prove that the accident was due to rash and negligent driving, this court has no reason to interfere with the order of the labour court.

OTP-based refund system for train tickets

 30/10/2019 , Special correspondent, NEW DELHI

To make the refund process for tickets booked through agents transparent, IRCTC on Tuesday announced a new system wherein passengers will receive refund for cancelled tickets via a one-time password that will be sent to their mobile numbers.

The one-time password will be sent to the passenger’s mobile number provided to the agent at the time of ticket booking. The traveller will have to share the OTP with the agent for getting the refund.

Shamed for her looks, woman ends life
 
30/10/2019 , Press Trust of India, Kota

A 21-year-old woman, who was married just six months ago, allegedly committed suicide in Rajasthan’s Jhalawar district after being repeatedly taunted by her husband over her “dark complexion”, the police said on Tuesday.

Mangibai jumped into a well outside her house in Banskhoyara village on Monday, station house officer Balveer Singh said.

Mangibai’s husband, Dinesh Lodha, has been booked under Section 306 (abetment of suicide) of the IPC.

Her father, Devlal, told the police that she got married in April but her husband used to humiliate her over her “dark complexion”, the officer said citing the FIR registered.

(Assistance to overcome suicidal thoughts is available at Sanjivini: Society for Mental Health, Telephone: 011-4076 9002)

‘Court will take victim’s word in rape cases’ 

‘If the woman says she didn’t consent to intercourse, court will presume she did not’

30/10/2019 , Krishnadas Rajagopal, NEW DELHI 

The SC said the Gujarat High Court had committed an error.

Rape is presumed if occurrence of sexual intercourse is proved and the woman claims the act was committed without her consent, the Supreme Court has held.

“Section 114-A of the Indian Evidence Act, 1872 deals with the presumption as to absence of consent in certain prosecution for rape. A reading of the Section makes it clear that where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped, and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent,” a three-judge Bench of Justices U.U. Lalit, Indu Malhotra and R. Subhash Reddy observed in a recent judgment.

The case involved a woman who accused her employer of repeatedly raping her and taking inappropriate pictures for the purpose of blackmail. He had allegedly even gone to the extent of calling her betrothed and sending him some of the pictures. She finally lodged a complaint and a case of rape was filed against him.

However, the Gujarat High Court quashed the case on the ground that the parties had reached a “settlement” over a large sum of money. The woman subsequently appealed to the Supreme Court saying the “settlement” was a document drawn under threat and coercion. The apex court said the HC seemed to have gotten “carried away” by the settlement, which itself needed to be investigated.

“When it is the allegation of the appellant [woman], that such document itself is obtained under threat and coercion, it is a matter to be investigated,” the court said.

The phone call to the woman’s betrothed should also be probed. It said the High Court had committed an error in quashing the trial court proceedings. The court, without commenting on the merits of the case, ordered the accused to co-operate with the investigation.

Make My Trip, Oyo face antitrust probe 

Regulator finds prima facie violations of competition law, including by Goibibo

30/10/2019 , Special Correspondent, Mumbai

The FHRAI has alleged cheating by OYO and the other firms.

The Competition Commission of India (CCI) has ordered a detailed investigation into online travel booking companies Make My Trip and Goibibo and hospitality provider OYO based on complaints by members of the Federation of Hotel and Restaurant Associations of India (FHRAI) alleging deep-discounting, payment issues and cheating by these firms.

In an order dated October 28, the CCI said following a complaint from the FHRAI, it had examined various aspects of the three companies’ businesses and concluded that prima facie there were violations of competition law.

CCI assessed the allegations on the basis of the relevant markets. While in the case of Make My Trip and Goibibo (referred to as MMT-Go), it looked at the ‘market for online intermediation services for booking of hotels in India’, for OYO it reviewed the ‘market for franchising services for budget hotels in India’.

The competition watchdog observed that MMT-Go prima facie appeared to be a dominant player in the relevant market. However, in the case of OYO it noted, “Prima facie OYO is not found to hold a dominant position, despite being a significant player in the ‘market for franchising services for budget hotels in India’”.

‘Abuse of dominance’

In a 26-page order, the CCI said there was a prima-facie case to investigate MMT-Go and OYO for alleged violation of the provisions of Section 3(4) of the Competition Act — pertaining to anti-competitive pacts — as also grounds to probe MMT-Go under Section 4 of the Act (relating to abuse of dominant position).

“Thus, whether the commercial agreement between OYO and MMT entails preferential treatment to OYO and consequent exclusion of Treebo, Fab hotel and any other hotel chain and if so, the effect of the same on competition merits investigation,” the CCI said.

“Further, the charging of service fee by MMT is alleged to be discriminatory as such fee is levied on certain hotels and allegedly not levied on high-end of chain hotels. Since MMT is prima facie found to be dominant, this conduct of MMT merits investigation,” the watchdog said, setting a 150-day time frame for its director general to submit a report.

Report for work, Minister tells striking doctors Strike enters fifth day 

Government will take necessary measures to protect the welfare of the people, says Health Minister C. Vijayabaskar 

 30/10/2019 , Special CorrespondentCHENNAI , Special 
Correspondent, CHENNAI 


 
CPI(M) State secretary G. Ramakrishnan addressing the doctors on strike at Rajiv Gandhi Government General Hospital in Chennai on Tuesday. B. Jothi Ramalingam

Health Minister C. Vijayabaskar on Tuesday urged the striking doctors to return to work immediately. If the strike continues, the government will take necessary measures to protect the welfare of the people.

The Minister said that though the Federation of Government Doctors Association was not recognised by the government, the Health Secretary held talks with its representatives on October 25, assuring them that their demands were under consideration and it was not an appropriate time to strike when the monsoon was active.

Higher pay

He pointed out that the Dynamic Assured Career Progression that guaranteed higher pay and time-bound promotions was implemented only for government doctors. It was unfair to demand and compare it with the pay scale of Central government doctors. They were not allowed to practice in private hospitals or run their own hospitals, whereas government doctors in the State were permitted to take up private practice, he said.

However, the government was considering grant of special pay on the basis of seniority, and for doctors working in tough environment, he added.

On their demand to maintain doctor posts in accordance with the number of patients, he said posts should be created as per Medical Council of India norms. The government was looking into the need to create additional posts.

The Minister clarified that the present practice of posting postgraduates to vacant posts in district and taluk government hospitals on priority basis would continue instead of conducting counselling. He said that the government spent ₹1.24 crore of public tax money to create a doctor.

He gave details of the monthly salary of government doctors: first year – ₹80,247, 8th year – ₹97,900, 15th year – ₹1,22,919, 17th year – ₹1,35,365 and 20th year – ₹1,53,027.

Police protection

On Monday, Health Secretary Beela Rajesh wrote to the Director-General of Police seeking police protection to government hospitals and government medical college hospitals to enable medical officers to render their services to the public without any untoward incident. She also requested a police picket to be posted where necessary.

The Director of Medical Education in a circular directed all deans of medical colleges and heads of institutions not to allow any unauthorised/unorganised ‘pandal’ on the premises and to evict them if they were put up.

They were instructed to lodge complaints with the outpost/nearby police station to prevent any unauthorised gathering or protest against the government.

Outpatient services took a hit in a few government hospitals as doctors affiliated to the Federation of Government Doctors Association boycotted work for the fifth consecutive day on Tuesday.

With many doctors in the cadre of assistant professors taking part in the indefinite strike, chiefs of units and doctors from the non-clinical departments were roped in to run outpatient departments.

After talks with the Minister, the Tamil Nadu Government Doctors Association postponed its plan to go on strike on October 30 and 31.

Doctor complains of dowry harassment

30/10/2019 , Special Correspondent, Chennai

A 30-year-old woman doctor has lodged a complaint against an IT official, alleging that he and his father, a retired DSP, had harassed her for dowry even before their marriage.

The police said the doctor alleged that the groom’s family demanded that she register a ₹3.5-crore worth property in their name, and hand over ₹50 lakh in cash, even before marriage.

She claimed that her family had given ₹10 lakh to the boy’s family to buy a car. However, they started demanding the remaining ₹40 lakh.

The Thirumangalam All-Women police took her complaint, and has issued a CSR receipt. The police have summoned the groom’s family for interrogation.