Thread by @barandbench

#MadrasHighCourt will continue hearing #COVID19 related cases today, including a suo motu case to monitor COVID management in Tamil Nadu and Puducherry.

Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy to assemble at 2.15 pm.

Track thread for Live Updates.

Court takes up pleas moved to register concern over the safety of workmen who have to work in factories amid the #COVID19 lockdown, since certain industries were exempted from lockdown.

#MadrasHighCourt

Court asks if some consensus has been arrived at between workmen and employers

Senior Adv V Prakash, for workmen, says that some meetings have been conducted.

#MadrasHighCourt

Among other measures, Prakash says that management has said that face shields would be provided to workers by June 2.

Prakash adds that workers have said that it might be difficult to wear face shields and work during the summer.

#MadrasHighCourt #COVID19India

Wrt social distancing, management's solution seems to be faceshield. Workers say it may be difficult to wear faceshield & mask and work. A possible solution is, during this period when infection is high is workers can work in 2 assembling stations, Prakash says

#MadrasHighCourt

Govt should depute official from labor department so that solutions can be worked out since management and employees may not agree on what measures can be adopted, Prakash suggests

#MadrasHighCourt #COVID19India

The sad truth is, from this morning, they are on strike... I am managing with my supervisors ... I can't do that for too long. Don't mind if officials coming in for surprise inspections: Adv Sanjay Mohan, for Renault-Nissan

#MadrasHighCourt #COVID19India

Adv Mohan submits shifts are reduced, suggests that workmen and management can continue talks, without State official since official may not be acquainted with technical aspects.

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Adv Mohan says that the present arrangement of working has been going on for months now

If it goes on for 2-3 days, heavens will not fall: Mohan

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Today we are not working. (After court's last order) Hyundai, Ford, Renault declared leave. Yesterday they had a discussion. They are not able to see eye to eye on certain aspects: Prakash

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CJ: May we request you.. because that is where your bread and butter also comes from. Can we request you to ask your workers to go to work from tomorrow? And continue the dialogue. We will post the matter on Friday.

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There are 185 active COVID infections from the factory as of today, Prakash says. He says there are apprehensions about worker safety without compliance of social distancing norms.

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Prakash: We are not on strike. According to us, the exemption (of factories) from lockdown does not operate unless they satisfies these conditions

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Adv Mohan says that top official from State can come and inspect the factory tomorrow, urges that workers come back to work.

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CJ requests that workers resume work tomorrow. Says State official can be asked to inspect tomorrow. Says Court will not direct, but will incorporate the request in the order.

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Court records in interim order: The Directorate of Industrial Safety paid a visit on May 29, 2021. But since it was Saturday, the factory did not function.

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It appears that workmen have not reported to duty today in protest against the preceived non adherence to COVID protocol by the employer, Court records.

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Employer maintains that all precautionary steps have been taken and the employer is open to any surprise or other inspections by an appropriate govt official to ascertain whether COVID protocol is maintained, Court records.

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Advocate General is requested to arrange for a senior official from Directorate of Industrial Safety to visit the Sriperumbudur factory of Renault Nissan by 10 am on June 1, Court records.

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Hoped that the workmen will resume duties tomorrow so that the inspection will be made and representatives of workmen may interact with govt official along with management to check the parameters and arrive at some form of a solution, #MadrasHighCourt records.

#COVID19India

It is suggested by the workmen that if there is a gap between two cars in the assembly line, social distancing norms may be maintained by allowing three of four workmen to work on the vehicle at a time instead of 6 or 8 of them working on one vehicle at the same time: #MadrasHC

It is also submitted for the workmen that the wearing of face shield may not be appropriate and dents and damages cannot be conveniently identified through a face shield, Court records.

#COVID19India #MadrasHighCourt

Workmen also suggest that the study that the management is undertaking to ensure that distancing norms are maintained at all times should be completed expeditiously and corrective measures adopted, Court records.

#COVID19India #MadrasHighCourt

It is hoped that all safety norms are in place, there is no compromise on such account to keep up production at the factory. Distancing norms have to be maintained without exceptions, Court records.

#COVID19India #MadrasHighCourt

Management and workmen should continue the discussion to come up with a reasonable solution in the course of the week. Open to request govt official to be present during discussions to mediate if necessary. Hoped amicable solution would be communicated to Court by Friday, HC.

The employer should indicate the number of workmen infected including those in hospital and how many at home, Court adds.

#COVID19India #MadrasHighCourt

#MadrasHighCourt now takes up matter concerning feeding of stray animals during #COVID19 lockdown.

AG R Shunmugasundaram informs Court of meeting by Court-appointed committee, of number of stray animals fed so far, funds disbursed etc.

Advocate Yogeshwaran, appearing for Committee, says that more funds would be required.

CJ asks AG to look into it. Court adds that it may post the matter next on Friday.

#MadrasHighCourt #COVID19India

In the IIT campus, there have been disputes wrt to feeding of dogs and deer. Emails have been received from students, we don't know what is happening wrt to feeding, Yogeshwaran submits.

#MadrasHighCourt #COVID19India

A sum of Rs 10 lakh is granted from the funds available to the governor for immediate procurement of food for stray animals, Court records in interim order.

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The orders are to be placed today. In the meantime, the animal husbandry dept has been feeding stray animals with whatever resources available, Court records

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It is hoped that the State releases the Rs 9.2 lakh sought for the immediate purpose of feeding stray dogs, cattle, cats, horses, elephants. This also a temporary measure and will not be continued after lockdown, Court records

#MadrasHighCourt #COVID19India

This is necessary because, during the lockdown, there is hardly any food for the animals and little scope for even scavenging, Court records.

#MadrasHighCourt #COVID19India

It is submitted by Committee that there are several stray animals inside the IIT campus but the fate of such animals cannot be ascertained, Court records.

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Animal husbandry dept should inform the authorities at IIT Chennai and enter the premises under the authority conferred by this order to feed these stray animals within IIT campus and ascertain the status of their health, if necessary, Court orders

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IIT authorities requested to cooperate in this regard. At any rate, hoped that IIT authorities are taking care of the stray animals on campus, Court adds.

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It appears that 6 kg of skimmed milk powder was received by way of donation but the same may not be appropriate for feeding stray animals, Court records.

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Committee seeks permission for diverting such skimmed milk powder packets to the homeless and the needy. The committee is given such permission. The committee should ensure deserving people get the packets, Court says.

#MadrasHighCourt #COVID19India

Adv C Kanagraj raises concern about the feeding of pigeons, other birds

CJ: They can atleast fly and get it, others may not

Kanagraj says monkeys may need feeding

CJ: Monkeys, better not given

Kanagraj: Cows milord?

CJ: Cattle we have included

#MadrasHighCourt #COVID19India

Court now hearing a plea concerning prices levied by private hospitals, especially wrt to persons not covered by Chief Minister's comprehensive health insurance scheme.

#MadrasHighCourt #COVID19India

CJ takes note of State's submission that charges at Private hospitals at Rs 5,000 - Rs 7,500 (depending on the grade of hospitals) for non-critical, non-oxygen treatment per day.

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CJ further notes that there appear to be more beds available at govt hospitals all over the state, except in and around Coimbatore.

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Interim order, #MadrasHighCourt records: Matter pertains to charges for treating COVID patients in private homes and the like. Under GO... dt May 22, 2021, State has opened CM's comprehensive health insurance scheme where annual income less than 72,000 per annum

#COVID19India

Petitioner and one intervener submit that this quantum is too low since even on the basis of min wages payable to unskilled workers, the annual income of a family with one unskilled worker as its bread earner will exceed the minimum eligibility threshold, Court records.

The petitioner and intervenor appeal for the threshold to be raised so that the scheme can cover a larger number of persons. Since it is a matter of policy, it is left to. the state to decide, Court says

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However, the appeal appears to be reasonable and it is hoped that the minimum threshold level would be substantially increased to allow a larger number of families to avail of the benefit under this scheme, Court says

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Also appears that under same Govt notification, caps have been introduced for the treatment of people not under the CM's scheme.

Certain daily rates have been fixed for those who need oxygen support and those who are non-critical and do not require oxygen treatment, HC records.

Govt submits that there are beds available in govt hospitals and facilities except a few... AG says that there are beds available in govt hospitals in and around Chennai, Court records.

#MadrasHighCourt #COVID19India #TamilNadu

Since 2nd surge appears to have been brought under control or has somewhat abated... financial difficulties faced by ordinary citizens particularly those unable to afford expensive treatment should be looked into by the State: Court

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There is no doubt that every family would gave gone beyond its means to ensure the best treatment for its members but these families would have been drained of their savings or have gone into debt, Court observes.

#MadrasHighCourt #COVID19India #TamilNadu

This is a matter which requires the attention of the state and the data has to be gathered before any effective... is taken. It is hoped that such an aspect will engage the attention of the state sooner, rather than later, Court adds.

#MadrasHighCourt #COVID19India #TamilNadu

This matter (concerning prices of hospital treatment amid #COVID19 and coverage of persons under the CM's comprehensive health insurance scheme) has been posted after a week.

#MadrasHighCourt #COVID19India #TamilNadu

Plea for vaccinating the homeless taken up

Court interim order: .. it is necessary to vaccinate all since those not vaccinated may be a risk to the others. However, at present, the vaccine is not available in adequate quantity.

#MadrasHighCourt #COVID19India #TamilNadu

#MadrasHighCourt: Hoped that municipal corporations, municipalities, like bodies take initiative to ensure that all homeless persons, pavement dealers & ors who may not have any registration or other documents are administered the #vaccine upon assessing their health condition

The matter will appear four weeks later, Court says. A copy of the petition to be forwarded to the AG's office. The state should file a status report when the matter appears next.

#MadrasHighCourt #COVID19 #COVIDVaccination #TamilNadu

#MadrasHighCourt takes up suo motu case. Notes situation has improved considerably now

Frequency of sirens gone down considerably, let us not interfere in things that have been done okay, Court says.

#COVID19India

We will keep the matter next week, will dispose of it thereafter in a couple of weeks, CJ adds.

As of now, both in Puducherry and TN, things appear to be better, he observes.

#MadrasHighCourt #COVID19India

Adv C Kanagraj suggests that State take measures to trace and take care of the welfare of orphaned children, for medical treatment of Tamil refugees, for treatment of migrant workers who may not have Aadhaar card, resident card etc.

#MadrasHighCourt #COVID19India

Chennai's model of controlling containment became Number 1. PM also wanted to emulate the model. It may be followed in other districts to prevent further spread, Adv C Kanagaraj submits.

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Govt is doing well, CM and leaders are visiting hopsitals. But political persons are going around without any social distancing, without masks, Court may pass an order, Adv Shunmuga Raja submits.

#MadrasHighCourt #COVID19India

Court appreciates Centre's efforts to augment oxygen supply.

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Court dictates interim order: The second surge of the pandemic appears to have subsided in both the State and the Union Territory. Status reports indicate an increased number of beds, ready availability of oxygen and non-oxygen beds

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Court order contd.: It is only hoped that the additional facilities are not discontinued for the next few months, even if it costs a bit more, they are maintained, if only to ensure that the dearth that was faced during the second phase is not repeated.

#MadrasHighCourt

#MadrasHighCourt observes that one area of concern is regarding the availability of #CovidVaccines

Court records: The Union's commitment to ensure 216 crore vaccines are available by end of the year is recorded. It is hoped that the target is met sooner rather than later.

#MadrasHighCourt order contd.: Present proceedings were initiated not with intention of the court ill-equipped in such regard to take over management of #COVID situation; but only to monitor the same and, if at all, provide a platform to various stakeholders to come together.

#MadrasHighCourt order contd.: The matter may have served its purpose and in the wake of the second surge apparently over, except for a few pockets in the state, the matter may be closed.

#COVID19India

#MadrasHighCourt order contd.: Several aspects highlighted in status reports, including availability of beds, supply of oxygen, augmentation of supply of drugs to deal with #Mucormycosis and even the capping of the rates to be charged at private hospitals, need to be noticed.

#MadrasHighCourt order contd.: Several suggestions have been made, including that the data should be available on the state website because there is no shame in projecting the figures.

#COVID19India

#MadrasHighCourt order contd.: The number of active cases, the number of deaths, and other figures should be available on the state's relevant website on an actual basis.

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#MadrasHighCourt order contd.: it must also be recorded that there has been no allegation of underreporting of cases in the State or the Union Territory, unlike some other places.

#COVID19India #TamilNadu #Puducherry

#MadrasHighCourt order contd.: One of the suggestions made is for the Hon'ble Ministers of the State and members of the legislative assembly to ensure that when they visit hospitals, the entourage accompanying them is limited.

#COVID19India

#MadrasHighCourt order contd.: It is pointed out that though the CM and the Ministers have a few govt officials accompanying them, some MLAs come with a train of supporters who do not maintain any distancing norms.

#COVID19India

Hearing over. Matter posted next on June 7.

#MadrasHighCourt #COVID19India