Lawfully Yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
Unlike Sidhu, CM Stalin had to fight ‘bland food’ in jail during Emergency
Cricketer-turned-politician Navjot Singh Sidhu, who is serving a one-year sentence in a road rage case, is being served a special diet in Patiala jail. Going by newspaper reports, he is served sauteed veggies, pecan nuts, avocado, almonds, walnut, tofu, rosemary tea, white petha juice etc “split over mid-morning, lunch, evening, dinner and bedtime.” That this five-star diet chart has been allowed by a court came as a shocking surprise, since it is obvious that the doctor’s recommendation “considering his medical condition” is a concocted one. Is there no way we can get these politicians treated like other prisoners? — C Bharanidharan, Ambattur
Prison food for the prisoners is determined by the prison rules. There are people with money power or political confluence who pervert the system. If you feign illness, the jail doctor certifies you for a special diet. That’s how these people enjoy different food despite being in jail for a proven offence. During the Emergency, the MISA detenues, including our present Chief Minister were complaining about ill-treatment and bad food before the Justice MM Ismail Commission of Inquiry. Actor MR Radha, who was also in jail at that time, deposed before the Commission that he was actually served Bournvita and juice daily. Ismail, however, found out that he was admitted to jail hospital all the time and hence getting a special diet. He rejected his petition and found the charge of ill-treatment proved. That is how our jail system works.
Retrenchment & pay cuts different concepts, need not be read together
I am an ex-employee of an IT firm in Chennai. I was terminated from service with effect from July 1, 2020. Before retrenchment, there was a salary cut of 12 per cent from April 1, 2020. I have both the salary cut notice as well as the retrenchment letter. My question is, is it fair to retrench workers barely a few months after pay cuts. Is there any statutory timeline prescribed for the same? Is termination/retrenchment barely three months after pay cut a legally valid one? — Name withheld on request
Retrenchment and pay cuts are different concepts. Sometimes employer resorts to pay cuts to rationalise the losses and run the industry. When that does not work, the management may reduce manpower, which is called retrenchment. You have not agitated the issue before the courts though now it is two years old, in which case it could have been found out whether is a bonafide action or not.
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