SPECIAL COVERAGE
CHANDIGARH

LUDHIANA

DELHI


THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
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N A T I O N

SC: employer can sack employee on loss of trust
New Delhi, July 18
In an important judgement defining relations between employees and the employer, the Supreme Court has ruled that an organisation is entitled to sack any of its workers once it lost faith and confidence in him.

SC sets limits for itself

Blasts blow to peace process : PM
But no breakdown in talks
On Board Air India One, July 18
Prime Minister Manmohan Singh today admitted that the ongoing peace process with Pakistan has suffered following last week’s Mumbai and Srinagar blasts but, at the same time, left a window open to avert a complete breakdown in talks.

Prices of wheat, pulses down: govt
New Delhi, July 18
The government today claimed that the prices of wheat and pulses showed a downward trend of 6.3 per cent following the decision to import and would further dip with the arrival of imported agricultural products.




EARLIER STORIES




Traffic comes to a standstill after a heavy downpour created waterlogging at the ITO crossing in New Delhi on Tuesday.
Traffic comes to a standstill after a heavy downpour created waterlogging at the ITO crossing in New Delhi on Tuesday. — PTI

BJP defends NDA on Kandahar
New Delhi, July 18
Defending the NDA’s decision to swap three terrorists with the passengers of the hijacked IC-814 plane, the Bharatiya Janata Party (BJP) today said the decision was a ‘’bitter pill under very compelling circumstances” to save the lives of 200 innocent persons.

Rahul may be inducted into AICC
New Delhi, July 18
A minor reshuffle is in the offing at the AICC amid speculation that party MP Rahul Gandhi would be entrusted some organisational responsibility.

Bus conductor to get bravery award
New Delhi, July 18
Kuldip Singh, the DTC bus conductor whose presence of mind saved the lives of many passengers during the October 2005 serial blasts in Delhi; and Muskaan, an association of parents working for the welfare of mentally challenged children, have been awarded the gold medal for bravery instituted by Godfrey Philips India.

Pranab for more nuclear ties with France
Kalpakkam, July 18
Union Defence Minister Pranab Mukherjee today suggested India had enhanced nuclear cooperation with France, which had helped India in developing the fast breed reactor at Indira Gandhi Centre for Atomic Research (IGCAR) at Kalpakkam, about 70 km from Tamil Nadu.

Bangladeshi killed in BSF firing
Basirhat, July 18
A Bangladeshi national was killed in BSF firing at Tarali, under the Swarupnagar police station, in North 24 Parganas early today.

‘Smoking kills’ is new warning
New Delhi, July 18
The statuary warning on cigarette packs that "cigarette smoking is injurious to health" will soon be replaced by "Tobacco Kills/Smoking Kills" as the Health Ministry would now make it mandatory for all tobacco products to carry the new health warning, failing which sellers would attract stringent penalty, including imprisonment.

Notice to Centre on gender bias in Army
New Delhi, July 18
The Delhi HC today issued a notice to the Centre on a PIL seeking removal of gender bias and discrimination against women in Armed Forces and employing them as permanent commissioned officers.

UGC sop for deemed universities
New Delhi, July 18
The UGC has announced a significant concession to these institutions by permitting these to start certain courses without any prior permission.

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'Omkara' set to release by July-end
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SC: employer can sack employee on loss of trust
S.S. Negi
Legal Correspondent

New Delhi, July 18
In an important judgement defining relations between employees and the employer, the Supreme Court has ruled that an organisation is entitled to sack any of its workers once it lost faith and confidence in him.

The loss of confidence of employer was the primary factor and the courts have to take this into account rather than showing generosity or sympathy to the worker if found guilty of misconduct or misappropriation of money, even if the amount involved was small and insignificant, a Bench comprising Mr Justice A.R. Lakshmanan and Mr Justice Lokeshwar Singh Panta ruled.

The issue arose from misappropriation of a paltry sum of Rs 360 by Karnataka Transportation Corporation conductor H. Amaresh in 1990 for which his services were terminated.

But a labour court in Gulbarga ordered his reinstatement in 1996 with 75 per cent back wages, which was approved by the single judge and division benches of the Karnataka High Court in 2000 and 2004, respectively.

The apex court set aside all judgements of courts below and ruled that “when an employee is found guilty of pilferage or of misappropriating funds, there is nothing wrong in it losing confidence or faith in him and awarding the punishment of dismissal… loss of confidence is the primary factor and not the amount of money misappropriated”.

While directing the corporation to immediately terminate Amaresh, who was taken back after the High Court orders, the Bench said, “in our opinion he has no legal right to continue in service.”

The apex court was of the view that the findings of the labour court and the high court were “ex-facie illegal and contrary” to the principles laid down by it in various judgements in the cases of this nature earlier.

“The orders passed by the labour court, the single judge and division benches of the high court are perverse and against the proved facts and circumstances of the case,” the Supreme Court said.

The court, however, said that on dismissal, the salary paid to the conductor for the service rendered by him during the interim period, would not be recovered from him, but he would not be entitled to any further emoluments.

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Blasts blow to peace process : PM
But no breakdown in talks
Anita Katyal
Tribune News Service

On Board Air India One, July 18
Prime Minister Manmohan Singh today admitted that the ongoing peace process with Pakistan has suffered following last week’s Mumbai and Srinagar blasts but, at the same time, left a window open to avert a complete breakdown in talks.

Talking to presspersons on board his aircraft on his return from St. Petersburg, Dr Singh chose his words carefully. Responding to the rising public anger, the Prime Minister declared emphatically that the dialogue process had suffered and that it was but inevitable that “we should reflect on our relations with Pakistan in the light of the recent ghastly tragedy.”

However, he was also quick to qualify his statement saying though the Indo-Pak peace process had suffered, he would not go as far as to call it a setback. He then went on to make a strong case for peace and stability in the region that, he said, was in the interest of both the countries. “Anything which gives this process a setback, makes me feel sad,” the Prime Minister said, adding that he had always maintained that the destinies of the people of South Asia were linked.

On his way to St. Petersburg, where Dr Singh managed to persuade the G8 and other participating countries to denounce the Mumbai blasts, the PM had mentioned that India and Pakistan “must find new pathways to establish friendly relations” leaving some room for the resumption of their stalled dialogue at a later stage.

Responding to questions on his talks with the US President, Dr Singh categorically stated that India cannot make any more commitments vis-a-vis the Indo-US nuclear deal which are not already stated in their original agreements. “A few commas might be changed but the broad parameters have been spelt out by me,” he said with reference to the Bills passed by the US Senate and House committees which contain clauses going well beyond the original pact.

Dr Singh said Mr Bush was well aware of India’s concerns and he had told him that the parameters set out in their joint statements and the separation plan would be guiding factors in the final shape of the legislation that the US Congress would adopt on the Indo-US nuclear deal.

While stating that Mr Bush had said that there would be no shifting of the goalposts with regards to their civilian nuclear pact, the Prime Minister was loathe to elaborate on the contentious issues which he took up with the US President. “ Let’s not blow it out of proportion,” Dr Singh said, adding that he was very hopeful that their concerns would be addressed.

Giving a detailed account of the various issues which had figured in his discussions with the G8 and outreach countries in St Petersburg, the international community’s concern over Iran’s plans to go ahead with its uranium enrichment plans was also on the agenda, Dr Singh said, adding that South African President Mbeki told him that his foreign minister had visited Tehran last week and she had come back with the message that Iran was seriously considering the EU and P-5 proposals.

However, Iran needed time to prepare its internal leadership to arrive at a broad consensus but matters could take a turn for the worse if Teheran was reported to the UN Security Council, Dr Singh said, quoting Mr Mbeki who also said this problem was best resolved through diplomacy and dialogue.

India, which has come under severe criticism for voting against Iran at the IAEA, has necessarily to tread carefully, especially since the Prime Minister is scheduled to meet the Iranian foreign minister here tomorrow. It was precisely for this reason that Dr Singh was evasive when asked if he would ask Iran to accept the EU offer. “I’ll be talking to him, let’s see,” he said.

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SC sets limits for itself

New Delhi, July 18
The Supreme Court has ruled that the Constitution does not permit the court to interfere in any administrative action, provided the authorities do not transgress their constitutional limits or statutory powers.

It dismissed the petitions filed by the Ekta Shakti Foundation challenging the criteria of three-years experience as registered non-profit organisations for implementation of a programme for supplying nutrition to “anganwadis” in Delhi.

The court said, “While exercising the powers of judicial review of an administrative action, the court is not the appellate authority and the Constitution does not permit it to direct or advise the executive in matters of policy or to sermonise on any matter which under the Constitution lies within the sphere of the legislature or the executive, provided these authorities do not transgress their constitutional limits or statutory power.” — UNI

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Prices of wheat, pulses down: govt
Tribune News Service

New Delhi, July 18
The government today claimed that the prices of wheat and pulses showed a downward trend of 6.3 per cent following the decision to import and would further dip with the arrival of imported agricultural products.

The spot prices of wheat were likely to soften further on arrival of imported wheat while the futures prices would depend on the quality and prices of wheat being contracted for import by private traders at 5 per cent import duty, the Centre said today.

It said the spot prices of wheat declined by 6.3 per cent from Rs 922 per quintal to Rs 864 per quintal (as on July 13) as compared with those prevailing on February 1, following the decision of the government to import five lakh tonne wheat on February 2, this year. The retail prices declined by nine per cent in Delhi.

Retail prices of wheat remained steady during the past 10 days with a decline at Lucknow (2.11 per cent). During the past one-month, wheat prices declined at Bangalore (3.33 per cent) and Lucknow (2.11 per cent), but increased at Bhopal (11.11 per cent), Mumbai (3.7 per cent) and Bhubaneswar (4.35 per cent).

On the sugar front, retail prices remained unchanged over the past 10 days. Spot prices declined by 1.5 per cent as on July 13, as compared to the prices that prevailed prior to the June 21 decision of the government to import refined sugar at zero duty and ban exports till the end of the current financial year.

The retail prices declined by Rs 1 per kg at Delhi centre from Rs 22 per kg to Rs 21 per kg. Futures prices of sugar also declined in the range of one to seven per cent during this period.

During the past one-month, the retail prices of sugar declined at Delhi and Bangalore (4.55 per cent), Shimla (2.17 per cent), Bhopal (2.33 per cent), Guwahati (4.35 per cent), Bhubaneswar (2.27 per cent) and Chennai (2.50 per cent).

Over the year, prices rose at all centres in the range of 4.76 per cent (Agartala) to 15.59 per cent (Lucknow and Guwahati).

The prices of pulses declined during the week ending July 1, as compared with prices prevailing last year. In case of “tur dal”, spot price declined by 13.8 per cent as on July 13 and futures prices by 15.2 per cent in comparison with the prices on June 7 this year.

Spot prices of “gram dal” declined by 7 per cent while futures prices declined in the range of 14.3 to 16.7 per cent. Spot prices of “urad dal” declined by 2.1 per cent and that of “masoor dal” by 6.5 per cent during the said period.

The futures prices of both “urad dal” and “masoor dal” declined in the range of 1.5 per cent to 10.3 per cent and 6.8 per cent to 8.3 per cent, respectively. The retail prices of most of these items remained steady during the period.

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BJP defends NDA on Kandahar
Tribune News Service

New Delhi, July 18
Defending the NDA’s decision to swap three terrorists with the passengers of the hijacked IC-814 plane, the Bharatiya Janata Party (BJP) today said the decision was a ‘’bitter pill under very compelling circumstances” to save the lives of 200 innocent persons. At the same time, BJP spokesman Ravi Shankar Prasad lashed out at the Congress saying that it had a weak-kneed policy towards extremists. Posing three questions to the Congress, Mr Prasad asked what was the Congress compulsion to provide respectability to terrorism and infiltrators from across the border.

He said the Congress struck down the IMDT to facilitate infiltration from across the Bangladesh border. By making infiltration easier and deportation difficult what message the Congress wanted to send across the country, he asked.

Besides, the Congress in coordination with its Communist friends, adopted a resolution in the Kerala Assembly for release of Abdul Samad Madani from the jail in Tamil Nadu. Madani is an accused in the Coimbatore bomb blasts in which scores of people were killed, he pointed out.

Mr Prasad said Chief Minister of Jammu and Kashmir Ghulam Nabi Azad had made sedition charges against one of BJP general secretaries who had used ‘tough’ language against terrorists. But he ought to explain to the people why the Congress and UPA governments had failed to take any ‘tough’ action against terrorists in their states. Most of terrorist incidents had taken place in Congress or UPA-ruled states as the terrorists were confident that they would go scot-free.

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Rahul may be inducted into AICC
Tribune News Service

New Delhi, July 18
A minor reshuffle is in the offing at the AICC amid speculation that party MP Rahul Gandhi would be entrusted some organisational responsibility.

Sources said that the minor reshuffle, which would involve some additions and changes in the work allocation of AICC office-bearers, could take place before the start of monsoon session.

Restructuring of the AICC secretariat was effected by party chief Sonia Gandhi before the Plenary Session at Hyderabad in January. However, in the reshuffle of the Union Cabinet some party office-bearers, including Ms Ambika Soni, were given ministerial responsibilities.

Sources said there was a possibility of the party inducting Mr Rahul Gandhi in the AICC team. Congressmen have been demanding his induction as AICC general secretary for a long time. 

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Bus conductor to get bravery award
Tribune News Service

New Delhi, July 18
Kuldip Singh, the DTC bus conductor whose presence of mind saved the lives of many passengers during the October 2005 serial blasts in Delhi; and Muskaan, an association of parents working for the welfare of mentally challenged children, have been awarded the gold medal for bravery instituted by Godfrey Philips India.

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Pranab for more nuclear ties with France
Arup Chanda
Tribune News Service

Kalpakkam, July 18
Union Defence Minister Pranab Mukherjee today suggested India had enhanced nuclear cooperation with France, which had helped India in developing the fast breed reactor at Indira Gandhi Centre for Atomic Research (IGCAR) at Kalpakkam, about 70 km from Tamil Nadu.

He was addressing scientists here to mark the completion of 20 years of the Fast Breeder Test Reactor (FBTR).

Though India had signed a nuclear deal with the US, none of the speakers mentioned the US since it had led the sanctions on India in 1974 after the nuclear explosion in Pokhran in 1974.

Instead Mr Mukherjee said the successful operation of the FBTR, which had been set up in collaboration with France in the seventies, had to march on indigenous strength after “peaceful nuclear explosions in 1974 by India”.

While most of the speakers lauded India’s achievements in the field of nuclear energy, a French nuclear scientist, who is considered to be one of the pioneers in fast breeder technology and had been associated with India’s nuclear programme, Georges Vendryes, cautioned India saying that it was moving too fast towards commercialising its fast breeder potential.

He said, “The kind of ‘Hanuman’ jump you are doing in moving straight from FBTR (fast breeder test reactor) to PFBR (prototype fast breeder reactor) is a bold one.

“I would recommend that you move forward with great circumspection. and to resort all kinds of precaution and to take no risks,” he said.

Lauding Indian scientists, the Defence Minister said in 2010 the fast reactor community in India would acquire the distinction of commissioning the 500 Mwe Prototype FBR, which would once again be a result of our totally indigenous effort.

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Bangladeshi killed in BSF firing

Basirhat, July 18
A Bangladeshi national was killed in BSF firing at Tarali, under the Swarupnagar police station, in North 24 Parganas early today.

Sources said the victim was a cattle smuggler. The smuggler was crossing the border with cows when the BSF opened fire to prevent him from crossing the border. — UNI

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‘Smoking kills’ is new warning

New Delhi, July 18
The statuary warning on cigarette packs that "cigarette smoking is injurious to health" will soon be replaced by "Tobacco Kills/Smoking Kills" as the Health Ministry would now make it mandatory for all tobacco products to carry the new health warning, failing which sellers would attract stringent penalty, including imprisonment.

To educate people about the ill-effects of tobacco products, other health warning signs that will also appear on tobacco packs include the "skull and bones sign" or a pictorial representation of the ill-effects of tobacco.

The new rules will come to effect from February 1, next year, to allow trade and industry the time to make the necessary changes.

Any person who disregards the warning rules, will in the case of first conviction, be punishable with imprisonment for a term which may extend to two years, or with fine of upto Rs 5,000, or with both. —TNS

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Notice to Centre on gender bias in Army

New Delhi, July 18
The Delhi HC today issued a notice to the Centre on a PIL seeking removal of gender bias and discrimination against women in Armed Forces and employing them as permanent commissioned officers.

A Bench headed by acting Chief Justice Vijender Jain told the MOD to file a reply by October 9. The petition, filed by Counsel Khushal Mohal and Namita Roy, said the women officers were being discriminated against their male counterparts in the Army despite a 1992 decision. — UNI

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UGC sop for deemed universities
Tribune News Service

New Delhi, July 18
The UGC has announced a significant concession to these institutions by permitting these to start certain courses without any prior permission.

Describing the move as an attempt to “empower” the deemed universities (DUs), the commission has agreed to allow these start courses like BA, MA, BSc, MCom and MSc covered under general education in sciences, social sciences and humanities without seeking any permission.

This sop for DUs, however, comes with a rider. The UGC has directed the DUs to exclude professional courses from the list of courses that can be started without its approval.

Moreover, these general courses of study have to be offered on regular basis through classroom teaching at their approved campuses and not through distance mode.

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