News Updates”Cruel, Unjust”: Nurses Association Moves Kerala High Court Assailing Salary Cuts, Delays In Disbursement Of Allowances LIVELAW NEWS NETWORK1 March 2021 4:40 AMShare This – xThe Kerala High Court has issued notice to the Kerala State Government, the State Director of the National Health Mission, and the Malappuram District Programme Manager of Aarogyakeralam, Malappuram Medical College and the Indian Nursing Council upon a legal challenge to an order prescribing that the monthly salary of staff nurses be confined to the number of days worked in a month.Justice…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 Kerala High Court has issued notice to the Kerala State Government, the State Director of the National Health Mission, and the Malappuram District Programme Manager of Aarogyakeralam, Malappuram Medical College and the Indian Nursing Council upon a legal challenge to an order prescribing that the monthly salary of staff nurses be confined to the number of days worked in a month.Justice Devan Ramachandran issued notice in the matter today and directed the State Government, the State Director of the National Health Mission, and the Malappuram District Programme Manager of Aarogyakeralam to file a statement.The petition, moved by the United Nurses Association (Association/petitioner), a registered trade union, assails an order of the District Program Manager, Arogyakeralam, Malappuram that effectively prescribes that the monthly salary of staff nurses be confined to the number of days worked in a month, with the maximum possible number of working days capped at 27.Citing an earlier directive that allowed staff nurses an entire month’s salary if the nurse had worked at least 26 days in a month, the Association terms the new order as illegal and arbitrary.Adverting to the selfless service provided by health workers during the pandemic, the petitioner avers that any order that denied nurses their legitimate salary and leave, is illegal and violative of natural rights.Therefore, depriving nurses their salary of an entire month and disbursing only salary for their working days is illegal, the petitioner argues.The petition goes on to state:”It has been acknowledged by Central and State ministries that the hard work and selfless service provided by India’s health workers, including nurses and midvives, have no doubt contributed to the country’s impressive recovery rate. Nurses are important in managing a health crisis because they are a vital link between the patient and the rest of the health care team. To combat COVID-19 the first line of defense in battling such a pandemic is the Doctors, nurses and the medical staff who are the most vulnerable to fall prey to the virus, while protecting others from it. Yet denying staff nurses the legitimate salary and leave which they are entitled for is illegal and violative of natural rights.”Pointing out that the initial order was issued in recognition of the hectic and dangerous work of Covid warriors, the petitioner submits that even while the first order mandating a whole month’s salary was in force, the same was not being implemented. Despite certain representations made by nurses of the Malappuram District Medical College to the State Government, the State Director of the National Health Mission, and the District Program Manager of Aarogyakeralam challenging the order, the representations were not acted upon.Because of the order, nurses at the frontline of Covid-19 care last year were compelled to work the entire month without leave in order to receive salary for at least 27 days. Over and above this, staff nurses were not being paid their salaries in a timely manner, the petitioner-association avers. It is further submitted that salary allowances for the period between October and December, 2020 were not disbursed.Although a disbursement of Rs 40,61,23,630 was released by the State Mission Director to all the districts as ‘incentives and risk allowance’ for the period from August to November 2020, the nurses had not received allowances for October to December, the plea lays out.In its petition, a Central Government Order mandating timely salary payments to health workers engaged in COVID-19 related duty dated 18 June as also the Supreme Court’s order in Dr Arushi Jain v. Union of India declaring that any violation of a Central Government Order in respect of disbursements to health workers could be treated as an offence under the Disaster Management Act read with Indian Penal Code 1860.Even the Payment of Wages Act mandates that the salary of workers in industry, factory, mines, railway be paid before the expiry of the tenth day, after the last day of the wage period in respect of which the wages are payable, it is highlighted.In this light, the Association calls on the Court’s intervention in:● ensuring the implementation of the earlier order mandating an entire month’s salary to staff nurses● quashing the order issued by the Malappuram Aarogyakeralam District Program Manager confining salary to actual number of days worked● directing the State Government, the State Director of the National Health Mission, and the District Program Manager of Aarogyakeralam to take a decision on representations made by nurses of the Malappuram Medical College● Requiring disbursal of salary by the first week of every monthIn the interim, the Association has sought a halt on all proceedings under the order under challenge.The petition was filed by President of the Association Jasminsha M through Advocates John Mani V, Sriram Parakkat, Jayant.S, Jackson Johny, Varghese Sabu, Sethulakshmi K K, and Gayathri Menon.The matter is expected to be taken up next on 10 March 2021.Next Story
The Christmas Parade that almost wasn’t turned out to be pretty festive.Small crowds of families lined Asbury Avenue on a damp December night on Friday to watch the annual procession and catch a glimpse of Santa.Volunteer parade organizers had considered taking a year off to re-energize the event, but with only a few weeks of planning, the City of Ocean City, the Ocean City Regional Chamber of Commerce and the Downtown Merchants Association rallied to revive the event.The parade featured the Ocean City High School marching band, the Pennsport String Band, Ocean City Theatre Company performers, themed cars, floats, pageant winners, Ocean City High School championship teams, student scholars and community businesses and groups — many of them tossing candy out to children watching the parade.The star of the parade arrived last pulled by horse-and-carriage. Santa was the highlight for many of the shorter ones in the crowd.Check out a short video of the parade above.See full schedule of holiday events in Ocean City, NJ
A winding-up petition against Patisserie Holdings’ trading subsidiary Stonebeach Limited has been dismissed by the courts.Earlier this month, the businesses announced serious accounting irregularities and the urgent need for a £20m capital injection to save the business.The Patisserie Holdings’ board also became aware of a winding-up petition filed at the High Court, advertised in the London Gazette on 5 October 2018, related to £1.14m owed to HMRC by Stonebeach.The company has today (24 October) said the winding-up order has been dismissed by the High Court of Justice, Business and Property Courts. Winding-up orders are typically dismissed when a business pays what is owed, or has reached an agreement to pay back what is owed.Patisserie Holdings resolved its short-term crisis with a share offer that raised £15.7m, while company chairman Luke Johnson has loaned the business £10m under a three-year term on an interest-free/fee-free basis, and is providing a bridging loan of up to £10m to be paid back from the share offer.This means the company, which operates more than 150 Patisserie Valerie sites and around 50 sites under other brands (see below), can continue trading in its current form for the foreseeable future on completion of the fundraising.Finance director Chris Marsh was suspended from his role this month, and has since been arrested and bailed.The company’s shares remain suspended from trading on AIM and this is expected to continue until the financial position is clearer.Patisserie HoldingsTotal number of sites: 206 *Brands: Patisserie Valerie (153 sites), Philpotts (22), Druckers (20), Baker and Spice (4), Flour Power City Bakery (1)Employees: 3,200Food/drink split (2017): 57/43Eat in/takeaway split (2017): 65/35Turnover: £60.5m (six months to 31 March 2018)EBITDA: £13.6m (six months to 31 March 2018)HQ location: BirminghamKey management: Paul May, CEO; Luke Johnson, chairmanPatisserie Holdings has a vertical supply chain, producing goods in-house at seven bakeries and delivering them to stores. Products are also sold online.Since acquiring the Patisserie Valerie business in 2006, the business has expanded rapidly through acquisitions and openings to more than 200 sites. In its current financial year, the business has been aiming to open 20 stores.Timeline1926: First Patisserie Valerie café opened in Frith Street in London’s Soho by Madame Valerie to introduce Continental-style patisserie to the English1939-1945: Café destroyed by bombing in Second World War, and Madame Valerie opens new Patisserie Valerie on nearby Old Compton Street1945-2005: Patisserie Valerie grows to eight sites in central London2006: Luke Johnson’s private equity firm Risk Capital Partners backs acquisition of Patisserie Valerie by Patisserie Holdings2007: Acquires Druckers – Vienna Patisserie2009: Acquires Baker & Spice, which operates sites in London and Oxford2013: Acquires London-based organic bakery Flour Power City Bakery2014: Acquires the Philpotts food supply and café chain2014: Patisserie Holdings listed on Alternative Investment Market2016: Annual sales exceed £100m for the first time2017: Launches trial partnership with Sainsbury’s, selling branded products on 12 supermarket counters. Partnership is a success and has since been expanded to 70 stores.201810 October (AM): Share trading suspended as company launches investigation into serious accounting irregularities. Chief financial officer Chris Marsh suspended.10 October (PM): Winding-up petition filed at the High Court relating to £1.14m owed to HMRC by Stonebeach Limited, the company’s principal trading subsidiary.11 October: Patisserie Holdings reports it cannot continue to trade in its current form without immediate cash injection.12 October: Chris Marsh arrested by police and released on bail.15 October: Share offer raises £15.7m to help Patisserie Holdings continue trading, while chairman Luke Johnson provides £20m in loans.24 October: Stonebeach winding-up order is dismissed.