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Maharashtra

Mumbai court: Asking workers to ‘sit at home’ is an act of force

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Mumbai: Stating that an act of force or violence is not always physical, a city industrial court has declared a Vikhroli-based agency guilty of unfair labour practice under the Prevention of Unfair Labour Practices Act, for asking two of its workers to ‘sit at home’ in March 2020, when the pandemic-induced lockdown began and telling them, after the lifting of the lockdown, that their services were not required.

Industrial Court Member SB Parate said in the order last Thursday, that it has been held in various cases that an act of force or violence is not always physical. The action of the agency in asking the workers to stay home could be considered an act of force or violence under the Act, the court held.

It said the complainants had proved that the agency and its partners engaged in an unfair labour practice under the Act. It also ordered the agency to pay their legal dues, including notice pay, gratuity, etc.

Workers approached industrial court in August 2021 after they were terminated

Workers Shyam Bind and Jayram Bind had approached the industrial court in August 2021, against the agency, dealing in pharmaceutical products, and its three partners. They complained that they had been working with the agency since 2004. They had worked till March 2020, when they were asked to “sit at home”.

The duo said they began reporting to work continuously after the lockdown lifted, but were told their services were not required. The agency assured them, while doing so, that their dues would soon be paid.

The two then approached the court for a declaration of unfair labour practice under the law, adding that since they were terminated, that they be paid their legal dues. They had also sought that they be paid their salary from March 2020 till the date they filed the complaint.

Agency claimed one absented from work and other retired seeking dismissal of complaint

The agency had sought dismissal of their complaint and claimed that while one had absented himself from work for more than five months and hence, was terminated, the other was retired.

On their demand to be paid from March 2020 tillthe time of their filing a complaint in August 2021, the court said work was not given to them from March 2020, hence the termination could be said to be operative from then. It said the liability of paying wages for the lockdown period and up to the time of filing of the complaint could not be fastened upon the respondents.

Maharashtra

WR’s MAJOR BLOCK BETWEEN GOREGAON AND KANDIVALI

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To facilitate the construction of the 6th line between Goregaon and Kandivali, a major block of 10 hours will be taken on the Up and Down Slow lines and Down Fast line between Goregaon and Kandivali stations from 00:00 hrs to 10.00 hrs during the intervening night of Saturday/ Sunday, i.e. on
21st/22nd September, 2024.

According to a press release issued by Shri Vineet Abhishek – Chief Public Relations Officer of Western Railway, during the block, all Up Slow line trains will run on the Up Fast line from Borivali to Goregaon. Similarly, all Down Slow line trains will run on the Down Fast line from Andheri, and these trains will be dealt at Platform No. 7 of Goregaon station. Between Goregaon and Borivali stations, these Down Slow line trains will run on the 5th line and due to unavailability of platforms, these trains will not halt at Ram Mandir, Malad and Kandivali stations during the block period. It may also be noted that all Down Fast trains will run on Down Slow line from Andheri to Virar after 04.30 hrs till the completion of block period. Additionally, a few Churchgate – Borivali Slow train services will be short-terminated and reversed from Goregaon station.

Passengers are also informed that UP and DOWN Mail/Express trains will be subject to delays of approximately 10 to 20 minutes during the block period.

Some suburban trains will be cancelled/short terminated during the block. List of trains cancelled/short terminated is enclosed as Annexure I & Annexure II. Detailed information to this effect is available with concerned Station Masters. Passengers are requested to please take note of the above arrangements.

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Maharashtra

Congress gave another blow to BJP, senior leader and former MP Bhaskar Rao Patil Khatgaonkar and hundreds of workers joined Congress.

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Congress gave another blow to BJP, senior leader and former MP Bhaskar Rao Patil Khatgaonkar and hundreds of workers joined Congress.

Mumbai, September 20: Congress on Friday gave a big blow to the Bharatiya Janata Party and made a big dent in Nanded district. Hundreds of workers including former Nanded MP and BJP leader Bhaskarrao Patil Khatgaonkar, former MLA Omprakash Pokarn, youth leader Dr. Meenal Patil Khatgaonkar joined Congress. Congress state president Nana Patole and former minister Amit Deshmukh welcomed all these leaders into the party in a function organized at Tilak Bhawan, the state Congress headquarters in Dadar.

On this occasion, Patole said that Bhaskar Rao Patil Khatgaonkar is a grassroots level worker, who has entered the Congress party without the expectation of any post. The decision to join the party has been taken after discussions with Congress leaders, office-bearers and senior leaders of Nanded district. Congress State President said that all these leaders have currently entered the party in a function organized at Tilak Bhawan, but a grand ceremony of party entry will be organized in Nanded soon. He said that with the arrival of Khatgaonkar, the Congress organization in Nanded district will get further strength and in the assembly elections also the highest number of Congress candidates will be elected from Nanded district.

Speaking on this occasion, Bhaskarrao Patil Khatgaonkar said that I am happy to return to my home by joining the Congress Party. He said that Congress Party has given opportunity to work as MLA, MP, Minister. In between I had gone to another party but now I am back home. Khatgaonkar said that the Congress party is getting stronger in the state under the leadership of Nana Patole and we will try to win as many seats as possible in the assembly elections. During this party entry ceremony, former minister DP Sawant, MLA Mohanrao Humbarde and Congress officials of Nanded district were present.

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Maharashtra

IT Rules: Amended Rules Allowing Fact Check Unit Unconstitutional, Says Bombay High Court

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IT Rules: Amended Rules Allowing Fact Check Unit Unconstitutional, Says Bombay High Court

Mumbai, September 20: In a setback to the Centre, the Bombay High Court on Friday struck down the amendment to the  Information Technology Act which gave power to the Centre to set up a Fact Check Unit (FCU) to identify  fake, false or misleading content against the government on social media and online platforms, terming it as “unconstitutional”. 

Rule 3(1)(b)(v) of the IT Rules amendment 2023 empowers the government to establish a Fact check Unit and unilaterally declare online content related to the government’s business on social media platforms as fake, false or misleading. The social media intermediary then either has to pull down the information or be ready to defend its actions in court, if the case so arises.

The matter was assigned to Justice AS Chandurkar as ‘tie-breaker judge’, after a division bench, in January, delivered a split verdict on the petitions challenging the amended IT rules.

Justice Chandurkar held that the rules violated constitutional provisions. “I have considered the matter extensively. The impugned rules are violative of Article 14 (right to equality), 19 (freedom of speech and expression) and 19(1)(g) (freedom and right to profession) of the Constitution of India,” he said. The expression “fake, false and misleading” in the Rules was “vague and hence wrong” in the absence of any definition, he added.

The matter will now be placed before the division bench to be decided. The judgement goes against the Centre, with two judges ruling against it. 

The HC was dealing with a batch of petitions, including by a stand-up artist Kunal Kamra, challenging the rules. 

The pleas against the Rules were referred to Justice Chandurkar after a bench of Justices Gautam Patel and Neela Gokhale, on January 31, gave a split verdict. Justice Patel struck down the amended rule establishing FCU while Justice Gokhale ruled against the petitioners.

The Centre amended the IT Act last year which empowered the Central government to flag “fake, false and misleading” news pertaining to the government on social media through FCU.

Senior counsel Navroz Seervai, for Kamra, had argued that expressions “fake, false or misleading” are vague and undefined thus being susceptible to gross abuse and misuse. Similarly, the expression “business of the Central Government” has been stated in wide terms which would encompass each and every activity of the Central Government resulting in the Rule travelling beyond the empowering Section which is Section 87 of the Act of 2000.

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