Top StoriesKerala HC Stays Govt Order Deferring Salary Payment Amid COVID-19 Lockdown [Read Order] LIVELAW NEWS NETWORK28 April 2020 2:09 AMShare This – xThe High Court of Kerala on Tuesday stayed for two months the directive issued by the Government of Kerala for postponement of payment of six days’ salary of government servants for five months from April 2020 citing financial crisis due to COVID-19.The order issued by the Finance Department on April 23 stated that all employees of government and government autonomous bodies with gross salary…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?LoginThe High Court of Kerala on Tuesday stayed for two months the directive issued by the Government of Kerala for postponement of payment of six days’ salary of government servants for five months from April 2020 citing financial crisis due to COVID-19.The order issued by the Finance Department on April 23 stated that all employees of government and government autonomous bodies with gross salary of above Rs 20,000 pm will be subjected to deferment of payment of salary to the extent of six days per month for five months from April 2020.After hearing a bunch of petitions challenging the government order, a single bench of Justice Bechu Kurian Thomas observed that the order was, prima facie, not supported by any provision of law.”All over the world, the efforts of the State Government are being lauded. Every nook and corner of the state is being taken care of the government. Several crores of rupees are being spent by the State.However laudable and appreciable the acts of the state may be, when this Court is called upon to decide a matter affecting the vested rights of citizens, the Court cannot ignore the legal framework”, the Court observed.Justice Bechu Kurian Thomas observed that it was a vested right of every individual to receive salary for the work discharged. The bench did not accept the argument of the State Government that the power was traceable to Disaster Management Act 2005 and the Epidemic Diseases Act 1897.”Article 300A will include within its purview ‘salary’ also, as a property, at least prima facie. Kerala Financial Code is only dealing with the procedure for payment of salary. The submission of Advocate General that government has the power to delay the disbursement of the payment of salary by an executive order cannot be countenanced. However much I tried to bring the impugned order within some framework of law, I could not find any basis for such any order in any of the statutes. Neither in the Epidemic Diseases Act as amended by 2020 Ordinance, or in the Disaster Management Act could I seek solace to justify issuance of the order .I also find from Exhibit P1(the impugned order) that there is ambiguity in respect of the manner in which the amounts that are proposed to be set apart are to be utilized. It only refers to the financial difficulty that is faced by the govt.Financial difficulty is not a ground for state government to defer the payment of salary. Prima facie I find that deferment of salary, for whatever purposes, amounts to denial of property. In such a view, I stay the operation of the impugned order for a period of 2 months”.”Financial difficulty is not a ground for state govt to defer the payment of salary. Prima facie I find that deferment of salary, for whatever purposes, amounts to denial of property. In such a view, I stay the operation of the impugned order for a period of 2 months” : Kerala HC— Live Law (@LiveLawIndia) April 28, 2020SubmissionsSenior Advocate K P Satheesan, referring to provisions of Kerala Financial Code, submitted that government servant is entitled to payment of salary within first three days of each month.Advocate Elvin Peter, appearing for employees of the Kerala State Financial Enterprises Ltd, submitted that the direction is without authority of law, and amounts to violation of Article 300A of the Constitution of India. Executive order for deferment of payment of salary will not qualify as ‘law’ within the meaning of Article 300A. Salary would be property within the meaning of Article 300A.Advocate M S Kiranlal, appearing for a group of KSEB employees, submitted that the direction also infringed the fundamental right to life under Article 21 and not just right to property. Many employees will be put to peril if the salary payment is deferred, he submitted.Advocate Rakesh Sharma submitted that the order was issued without providing any consideration for health workers, who are working overtime, putting their lives at risk to control the pandemic. He also referred to the direction issued by the Ministry of Home Affairs on March 29, directing all employers to pay full wages to the employees without reduction during lockdown.Executive order for deferment of payment of salary will not qualify as ‘law’ within the meaning of Article 300A. Salary would be property within the meaning of Article 300A : petitioners submit.— Live Law (@LiveLawIndia) April 28, 2020In response, C P Sudhakara Prasad, Advocate General of Kerala, submitted that the government order is only postponing the payment of salary, and there was no deprivation of the same.There is no provision of law which states that there should be payment of salary on a particular day, AG added. The condition that salary should be paid on a particular day is from the Financial Code, a government order. That can be altered by another government order.The top law officer of the State then referred to the provisions of the Disaster Management Act 2005 and the Epidemic Diseases Act 1897 and Kerala Epidemic Diseases Ordinance 2020 to state that the government has wide powers to appropriate funds for disaster management.It was further highlighted that the State Government was reeling under severe financial crisis due to COVID-19 pandemic and the lockdown. More than 50% of the revenue receipts are used for payment of salary. COVID-19 has put huge burden on the resources of the state. Rs 5000 crores was spent last month in relation to COVID-19, added the AG.”Government servants are the luckiest lot in the society at present, whereas many other sections are suffering due to lockdown”, he added.The AG also referred to similar orders passed by Andhra Pradesh, Maharashtra and Odisha Governments, which were stated to be more stringent in nature. The orders by AP Government mandate 50% deferment of the salary of government employees, the AG said.If such measures are not taken, the state will go into deep financial crisis, the AG stressd.In rejoinder, Dr K P Satheesan submitted that the right to receive salary within first three working days of the month flows from the Kerala Service Rules. That is a vested right of all government employees. Right to receive salary cannot be left to an uncertain day at the whims and fancies of the government, he added.Advocate Elvin Peter rebutted the AG’s arguments based on Disaster Management Act and the Epidemic Diseases Act.”These acts are not intended to deprive a person’s salary. Can those Acts be interpreted to say that Government can acquire private property without due process?”, he submitted.’These acts are not intended to deprive a person’s salary. Can those Acts be interpreted to say that Government can acquire private property without due process?’, asks Adv Elvin Peter#KeralaHC#salarychallenge— Live Law (@LiveLawIndia) April 28, 2020Click Here To Download Order[Read Order]Next Story
Luis Suarez came under criticism from the English Premier League chief executive Richard Scudamore for his temperamental behaviour on the pitch. Suarez left Liverpool for Barcelona in a 75 million pounds deal.Luis Suarez is “an accident waiting to happen”, English Premier League chief executive Richard Scudamore said Wednesday, adding he was glad the controversial forward had left Liverpool for Barcelona.The Uruguay striker left Anfield for Camp Nou in a 75 million pounds deal ($127 million, 95 million euro) after he was banned for four months from all football after biting Italy defender Giorgio Chiellini at the World Cup in Brazil. Scudamore said the Premier League would be more peaceful without Suarez, whose ban was his third for biting.”I think probably the time had come,” said Scudamore talking at the launch of the Premier League season, which starts on Saturday. “He’s a great player and I’m not taking anything away from his talents: he was voted by both his own players and the media last year the player of the year and deservedly so. “He’s great to have but an accident waiting to happen, and if you spend your time trying to promote what’s good about the Premier League, you’re always waiting for the next thing to come along. “And this one in the summer, although it was with Uruguay, although it didn’t directly involve the Premier League, clearly it reflected on Liverpool as one of our great clubs and it reflected on us,” he added.”He’s done his time here, but I can’t say I’m sorry to see him go.”I think it was good business on a number of levels from Liverpool to move Suarez on,” said Scudamore.Suarez has appealed against his FIFA ban to the Swiss-based Court of Arbitration for Sport and will learn their decision on Thursday.The striker was banned for 10 games for biting Chelsea’s Branislav Ivanovic in 2013 and sidelined for seven matches for biting PSV Eindhoven’s Otman Bakkal in Ajax action in 2010.
Kevin Durant waved to the fans. He clapped his hands. He then motioned them to chant louder.“Save Our Sonics!!!” a sell-out crowd pleaded. “Save Our Sonics!!”Durant just finished what he considered his most memorable game of his NBA rookie season. The reasons went beyond delaying the Dallas Mavericks’ hope to clinch a playoff spot. Even if Durant did not know it definitively at the time, the game on April 13, 2008 also marked the last time the Seattle Sonics would play at Key Arena before …
FEU Auditorium’s 70th year celebrated with FEU Theater Guild’s ‘The Dreamweavers’ ONE fighter Batolbatol passes away MOST READ It was already a tough draw for Orton, with the Singh brothers interjecting themselves numerous times in the match but tried his best to fend off the interference. He even punched Samir Singh out of his way and forced the latter to crash to the announce table on the outside.But the number’s gain was just too much to fight through, with Mahal keeping the title in his grasp.FEATURED STORIESSPORTSSEA Games: Biñan football stadium stands out in preparedness, completionSPORTSPrivate companies step in to help SEA Games hostingSPORTSWin or don’t eat: the Philippines’ poverty-driven, world-beating pool starsIn the night’s other matches, John Cena bested Rusev in their flag match, finishing his Bulgarian foe with an Attitude Adjustment on a pair of tables before erecting the flag of the USA on the podium.Kevin Owens also reclaimed the WWE United States Championship after turning AJ Styles’ crossface into a pin to stun his fierce rival. Ethel Booba on hotel’s clarification that ‘kikiam’ is ‘chicken sausage’: ‘Kung di pa pansinin, baka isipin nila ok lang’ LATEST STORIES Robredo: True leaders perform well despite having ‘uninspiring’ boss PLAY LIST 02:49Robredo: True leaders perform well despite having ‘uninspiring’ boss02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games Lacson: SEA Games fund put in foundation like ‘Napoles case’ In the kickoff show, Aiden English beat Tye Dillinger after nailing the Director’s Cut. IDL The New Day became the new SmackDown Tag Team Champions, topping The Usos after Kofi Kingston nailed Jimmy Uso with the Trouble in Paradise, followed by Xavier Woods connecting with the Elbow Drop.Natalya also earned her title shot at SmackDown Women’s Champion Naomi after outlasting four other contenders in their five-woman elimination match.The Queen of Harts got her knees up on Charlotte’s moonsault and followed it with a small package to drive the latter’s head to the bottom turnbuckle, scoring the pinfall. Becky Lynch, Lana, and Tamina were also part of the match but got eliminated early.Baron Corbin disqualified himself in his match against Shinsuke Nakamura, nailing the King of Strong Style with a lowblow before attacking him with his Money in the Bank briefcase and connecting with the End of Days in a post-match attack.Sami Zayn gained a measure of retribution against Mike Kanellis, hitting the Helluva Kick for the three-count.ADVERTISEMENT View comments Church, environmentalists ask DENR to revoke ECC of Quezon province coal plant National Coffee Research Development and Extension Center brews the 2nd National Coffee Education Congress Sports Related Videospowered by AdSparcRead Next Robredo should’ve resigned as drug czar after lack of trust issue – Panelo El Nido residents told to vacate beach homes Jinder Mahal successfully defends his WWE Championship, outlasting Randy Orton in their Punjabi Prison match with the aid of The Great Khali. Photo by WWE.comThe Great Khali made his shocking return and assisted Jinder Mahal to successfully defend his WWE Championship against Randy Orton in their Punjabi Prison match Sunday (Monday, Manila time) at WWE Battleground in Philadelphia.With the Viper sensing victory, the Indian giant came out and rocked the outer cell to force Orton back in the prison. There, Khali choked Orton from the outside, allowing Mahal to climb out of the cell and win the match.ADVERTISEMENT Don’t miss out on the latest news and information. Trump strips away truth with hunky topless photo tweet
The Busmen are in a strong position to qualify for the zonal semifinals for the third straight year after winning their first three matches, including a 1-0 triumph over Persija at Panaad Stadium in Bacolod City three weeks ago.“These are the type of matches you want to play,” said Schrock. “We welcome the challenge. It’s not just me against the other team, but the rest of Ceres.”Sports Related Videospowered by AdSparcRead Next Philippine Arena Interchange inaugurated Kickoff is at 3:30 p.m. (4:30 p.m. in Manila) with the Busmen looking to close in on a spot in the knockout stage at the iconic Gelora Bung Karno Stadium, which can seat 80,000 fans.Schrock is already familiar with rabid Indonesian football fans because of his post on social media during last year’s AFF Suzuki Cup that took a swipe at comments made by then national coach Bima Sakti about the Azkals being “half-bloods.”FEATURED STORIESSPORTSPrivate companies step in to help SEA Games hostingSPORTSPalace wants Cayetano’s PHISGOC Foundation probed over corruption chargesSPORTSSingapore latest to raise issue on SEA Games food, logisticsPersija coach Ivan Kolev likened Ceres to a European team. “This is not a squad from the Philippines, they are trained in Europe and are like European players,” the Bulgarian coach said.Schrock is prepared for the hostile response from Persija fans, especially with the Indonesians needing a victory to get back on track in their group. Private companies step in to help SEA Games hosting Cayetano: Senate, Drilon to be blamed for SEA Games mess After almost giving up, Obiena is Asian champ Hontiveros presses for security audit of national power grid Panelo: Duterte ‘angry’ with SEA Games hosting hassles DA eyes importing ‘galunggong’ anew SEA Games hosting troubles anger Duterte Duterte wants probe of SEA Games mess View comments Don’t miss out on the latest news and information. LATEST STORIES JAKARTA—Ceres-Negros star Stephan Schrock has played in front of some of the most passionate and lively crowds when he was still in Europe.That experience should help him as he and the rest of the Busmen go up against Indonesia’s most popular club, Persija Jakarta, on Tuesday in Group G of the AFC Cup in this populous capital city.ADVERTISEMENT MOST READ PH underwater hockey team aims to make waves in SEA Games PLAY LIST 02:42PH underwater hockey team aims to make waves in SEA Games01:44Philippines marks anniversary of massacre with calls for justice01:19Fire erupts in Barangay Tatalon in Quezon City01:07Trump talks impeachment while meeting NCAA athletes02:49World-class track facilities installed at NCC for SEA Games02:11Trump awards medals to Jon Voight, Alison Krauss
TagsPremiership NewsAbout the authorIan FerrisShare the loveHave your say Bottle thrower at Emirates identified by Arsenalby Ian Ferris10 months agoSend to a friendShare the loveArsenal say they have identified an image of the person who threw a bottle at Tottenham’s Dele Alli on Wednesday.The 22 year old was struck on the head by a plastic bottle during Spurs’ 2-0 win in the Carabao Cup quarter-final at Emirates Stadium.Police are investigating the incident.”Anyone identified will receive a lengthy club ban and their details will be passed to the police to commence legal proceedings,” said the club.Alli was hit by a bottle thrown from the crowd as Arsenal prepared to take a throw-in in the 73rd minute.The Metropolitan Police says it is working with Arsenal to try to identify the person responsible, but no arrests have been made.”We have all been embarrassed by the individual who threw a bottle at Dele Alli,” Arsenal added in a statement.”Behaviour of this type has no place at Emirates Stadium and after analysing CCTV footage, which showed him leaving the stadium after throwing the bottle, we have identified an image of the suspect.”We are liaising with the Metropolitan Police and investigations continue in order to apprehend the culprit.”Arsenal’s statement added: “We are not responsible for the actions of one individual, but send our apologies to Dele Alli and everyone at Tottenham Hotspur for this incident.”We do not tolerate any anti-social, discriminatory or violent behaviour at Arsenal Football Club.”
TagsTransfersAbout the authorPaul VegasShare the loveHave your say Spurs hero Berbatov: Would Kane turn down Real Madrid?by Paul Vegas22 days agoSend to a friendShare the loveTottenham Hotspur striker Harry Kane could walk into any team into the world, according to Dimitar Berbatov.The England captain scored and played well despite Spurs losing to Bayern Munich 7-2 on Tuesday night.”I was watching Harry Kane against Bayern Munich and even though it was a bad result, throughout the game his movement, control of the ball, passing, play with his teammates and finishing was excellent,” Berbatov wrote in his column for Betfair. “For me he is the complete striker, I know that he can walk into any team and play. He is big enough and knows what he needs to do to win trophies in his career and he’s probably asking questions himself, it’s up to him.”I would love to see him win something with Spurs because he is Spurs. In the case of Kane and every other Spurs player, I think that every fan wants to see them win something in the end because they have good players and the manager is so good, but if that isn’t happening you start asking questions and you will probably disappoint many people if you decide to leave but you have to follow your own path because time flies.”There will always be lots of rumours about him because he is a top player and I would like to see Kane continue here in England, the same goes for [Mauricio] Pochettino but I know when Real Madrid come calling, you are going to ask yourself a million questions.”
Instagram/American_confComing into the season, Temple looked to be one of the easiest games on Notre Dame’s schedule. Two months later, Temple is 7-0 and a favorite in a very solid AAC conference, and Saturday’s game in Philadelphia is one of the best on the schedule. Now, College GameDay is officially heading to the City of Brotherly Love, making this potentially one of the biggest weekends in Temple football history.We’re coming to Philly! See you Saturday, @Temple_FB and @NDFootball. pic.twitter.com/g0EVhjJMAn— College GameDay (@CollegeGameDay) October 26, 2015Temple is very [email protected] @Temple_FB @NDFootball pic.twitter.com/Ty29yP0eXV— Temple Owls (@TempleOwls) October 26, 2015While we love seeing GameDay at places with a ton of history and classic college football Saturday atmospheres, it is always cool when the show heads somewhere new and unique. Temple certainly fits that bill. The Owls and Fighting Irish kick off at 8 p.m. on Saturday night. Notre Dame opens as a 10.5 point favorite in the game.
TORONTO – Nevsun Resources Ltd. says a renewed takeover offer by Lundin Mining Corp. ignores the fundamental value of the company.The company urged shareholders to take no action in response to Lundin’s announcement, noting that no formal offer has yet been made.Lundin Mining says it plans to make a restructured $1.4-billion cash offer for Nevsun Resources after a previous attempt fell through.In May, the company partnered with Euro Sun Mining Inc. on a roughly $1.5-billion takeover offer that was a combination of cash and shares in both firms.Nevsun rejected that offer because it said it overvalued Euro Sun’s shares and because the company’s involvement raised other uncertainties.The company says the latest offer of $4.75 per share in cash is less than the $5 in cash and shares in an expression of interest by Lundin earlier this month.Shares in Nevsun, which operates the Bisha Mine in Eritrea and the Timok project in Serbia, closed down nine cents at $4.21 on the Toronto Stock Exchange on Monday.Companies in this story: (TSX:NSU, TSX:LUN, TSX:ESM)