A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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A cursory scroll through his social media will reveal what a deeply curious and knowledgeable man he was. From Descartes to Sartre, from space exploration to animal behaviour, his awe and excitement at the universe’s wonders are apparent in his sublime thoughts.

If you do visit his Twitter profile, the cover photo is an image of Van Gogh’s Starry Nights. This is especially interesting as the painting is known the world over as the artist’s rendition of the scene from his asylum window at nighttime. A window that he frequently looked out of while battling depression.

Whether or not Sushant was depressed and bipolar as is being said by certain people involved, is yet to be proved but there is sufficient evidence in the annals of history that prove some of the world’s greatest artists were.

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Recently, an article in a leading newspaper revealed that while in Florence, Sushant stayed in a heritage hotel where, in his room, was a copy of the famous Goya painting, Saturn Devouring His Son. If you haven’t seen this painting, it is disturbing, a keenly graphic visual of Saturn, eating his son, the child’s head and one arm already consumed, a bloodied torso in his grip and a maniacal glare in his eyes.

This was one among the 14 dark and demonic paintings Francisco Goya did on the walls of his house, born out of hallucinations and delirium. These paintings were his personal mirror, one that depicted his struggle with his own morality and existence. They were never meant for public consumption.

The relationship between art and madness is as old as art itself. In Plato’s Phaedrus, the philosopher says that artists were bestowed with divine madness. Given the events that unfolded over the next few centuries and across geographies, one can’t help but assume that he was right. The famous trope of ‘mad genius’ perhaps found its bearing in this early premise laid by Plato.

Van Gogh chopped off his ear and eventually killed himself. Much like Goya’s Saturn Devouring His Son, the context of Starry Nights by Van Gogh is also embedded in the artist’s own struggle with his brilliant but disturbed mind.

Celebrated sculptor Michelangelo’s genius was both his best friend and worst enemy. The detailing and accuracy of his sculptures have led several art historians to wonder if he was Obsessive Compulsive. In a publicly available letter to his father he writes, “I lead a miserable existence and reck not of life nor honor – that is of this world; I live wearied by stupendous labors and beset by a thousand anxieties. And thus I lived for some fifteen years now and never an hour’s happiness have I had.”

In his own words, Norwegian Expressionist artist, Edvard Munch, said of his most celebrated work, ‘The Scream’ that it was an honest, ugly interpretation of his constant struggle with anxiety. The disfigured, ghost-like man screaming on the bridge is his reproduction of an episode of extreme anxiety he himself went through. This theme recurs in several of his paintings.

Leonardo Da Vinci, perhaps the world’s most celebrated artist, was posthumously diagnosed with ADHD or Attention Deficit Disorder when his incomplete ideas and artworks revealed a restless genius never quite able to focus for too long.

Poetesses like Virginia Woolf and Sylvia Plath were both confirmed to be depressed and ultimately ended their lives by gruesome and dramatic suicides. Woolf swam into the middle of a river to drown herself and Plath famously stuck her head in an oven dying ultimately from Carbon Monoxide inhalation. Both women had long histories and public episodes of struggles with mental health.

Imagination is an artist’s most powerful tool and if their mind is prone to hallucinations, psychosis and delusion they will naturally find their way to the artistic content they create. It seems likely then that the overactive imagination and heightened senses of those afflicted influences, if not directly causing, the existence of some of the world’s most famous artworks.

So, is artistic genius a result of madness or the cause of it, the question lingers!

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What to do if employer does not pay salary on time:

Employer must pay interest if salary is delayed: HC

The employer must pay a reasonable interest if a payment, due to the employee, is made late, the Bombay High Court has held.

Whether the service contract of the employee provides for payment of interest is immaterial, said the division bench of Justices Anoop Mohta and C L Pangarkar.

Petitioner Yuvraj N Rodye was working with the Maharashtra State Electricity Board since 1975.

In 1989, Royde became entitled for arrears of salary from August 1975 onwards.

However, for no justifiable reason, the payment was delayed. It was only in September 1994 that he was told to collect his dues.

He received the amount, but applied for getting interest for the period of delay.

It is quite common in India for employers to deny salary to employees, especially at the time of firing them. They think that employee’s have no options or the resources to pursue a case against an employer. In reality, there are several things an employee can do that can land an employer in real trouble. However, the knowledge regarding the same is not available in public domain and lawyer’s advice come costly.

There are several legal process that can be followed by an employee to recover salary or wages. The first step that we recommend is sending a good notice from a credible lawyer  who has a track record of doing such matters. However, before we tell you more about that, let us get you introduced to some basic concepts in Indian labour laws that deal with the issues of non-payment of wages or salary.

India has an entire law on payment of salary called Payment of Wages Act, though it does not apply to all levels of employees. It usually applies to low-wage blue caller workers.

Let’s see what the Payment of Wages Act has to say in this matter.

Section 4 of the payment of wages Act states – 

Fixation of wage period every person responsible for the payment of wages under Section 3 shall fix periods in respect of which such wages shall be payable. No wage period shall exceed one month.

Monthly Salary Distribution Requirements:

• A person is working in an establishment with a wage not more than one thousand, the wage to the particular person shall be paid before the expiry of the seventh day.
• A person with the wage of more than one thousand shall be paid before the expiry of the tenth day.
• If the employee is terminated by the employer the wages earned by him shall be paid before the expiry of the second working day from the day his employment is terminated.

What steps can be taken by employee:

If your employer is not paying your salary, you can get these remedies.

A) Approach Labour Commissioner:

If an employer doesn’t pay up your salary, you can approach the labour commissioner. They will help you to reconcile this matter and if no solution is reached labour commissioner will hand over this matter to the court whereby a case against your employer may be pursued.

B) Industrial Dispute Act:

• An employee can file a suit under Section 33(c) of Industrial Dispute Act, 1947 recovery of money due from an employer.
• When the salary is due from the employer, the employee himself or any other person authorized by him in writing on his behalf can claim recover money.
• In case of the employee death, the authorized person or heirs make an application to the labour court for recovery of money due.
• The court will further issue a certificate on being satisfied that the salary is due and the collector shall proceed to recover the same.
• If any question arises as to the amount of money due or as to the amount at which such benefit should be computed, it would be computed according to rules under this Act.

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Labour Court Time Line:

Cases have to be decided by such labour court within period not exceeding Three Months provided that where the presiding officer of a labour court considers it necessary or expedient so to do, he may for reasons to be recorded in writing, extend such period by such further period as may he think fit. These are few things on What to do if employer does not pay salary on time

What about executives, managers and those who earn above INR 18,000 a month?

If you are manager or executive level employee, you can file a case against the company in the civil court under order 37 of Court of civil procedure. This is faster than the usual slow procedure in civil courts, called a summary suit. It is quite effective, but should not be pursued as a first resort. There are easier things at your disposal as well. Out of 100 cases, maybe 5-7 requires such effort. However, many lawyers are quick to jump to this. Before opting for this, ask your lawyer to exhaust other means.

What if company is not paying with a fraudulent or dishonest intent?

If an employee is affected by the company’s fraudulent activities, then he may seek some strong actions.

The following remedies would be available in such cases:

Employer Fraud Punishment:

• Section 447 of Companies Act, 2013 lays down punishment for fraud.
• Person shall be liable for imprisonment not less than 6 months which may extend to 10 years.
• Fine not less than amount involved in fraud which may extend upto three times of the fraud amount.
• Subsequent measures can be taken under Section 447 of the Act.
• An employee can also file a criminal case against the company under Indian Penal Code.

First Step To recover unpaid salary

Step 1: We strongly recommend sending a legal notice enumerating all the actions that you may take from a credible lawyer. Before going to a lawyer, ensure that they have some track record in doing such work.

Step 2: If this does not work, approaching police for a cheating case, where there is enough evidence for such fraud, is critical. At this stage, it is important to prepare a detailed case file to give to police, and your lawyer should assist you in this. A majority of such complaints are not accepted due to weak drafting and lack of prima facie evidence. This is where a good lawyer can make a lot of difference.

Step 3: Where criminal case is not an option, or does not produce results, we recommend going for a summary suit or labour court, as the case may be. In our experience of handling such matters in large numbers, we can say that not more than 10% of such disputes need to go to this stage if the matter was handled well in earlier stages. Challenge is that lawyers are more comfortable and earns more money at this stage, so if they don’t have your interest in mind they might hurry to this stage.

Important things to keep in mind when you are trying to recover your unpaid salary

The notice is a very important psychological tool, and getting the salary in less time is a psychological game. If the employer understands the consequences quickly, he will settle before you need to go to court, which keeps costs low as well. However, only a few lawyers do this kind of work because it may not be very profitable for them.

There are many cases in India where employer does not pay salary for a month or couple of months and easily get away with the same. A good example is of Kingfisher Airlines. When it shut down its operations, many workers were not paid their dues.

Hope we were able to answer the question What to do if employer does not pay salary on time

Complete story : Employer must pay interest if salary is delayed: Bombay HC

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When both partners in a relationship work, it can be difficult to balance love with career. Modern romance often means no one is home to make dinner, and quality time can be hard to find. Here are some Ways to Balance Your Career With Your Married Life.

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Mediation, one form of alternative dispute resolution (ADR), can be an effective way of resolving a dispute out of court. It is typically limited to civil cases, although some non-violent criminal acts (such as harassment) may be resolved through mediation. Mediation differs from arbitration but they are both alternatives to litigation. This section contains articles providing an overview of mediation, the types of cases that may be mediated, how it works with small claims, and some of its key advantages. Additionally, you can find some answers to common questions about mediation.

TYPES OF MEDIATION

2. Court – Referred Mediation– It applies to cases pending in Court and which the Court would refer for mediation under Section. 89 of the Code of Civil Procedure, 1908.
3. Private Mediation – In private mediation, qualified mediators offer their services on a private, fee-for-service basis to the Court, to members of the public, to members of the commercial sector and also to the governmental sector to resolve disputes through mediation. Private mediation can be used in connection with disputes pending in Court and pre-litigation disputes.

ADVANTAGES OF MEDIATION

• • The parties have control over the mediation in terms of 1) its scope (i.e., the terms of reference or issues can be limited or expanded during the course of the proceedings) and 2) its outcome (i.e., the right to decide whether to settle or not and the terms of the settlement.)

• • Mediation is participative. parties get an opportunity to present their case in their own words and to directly participate in the negotiation.

• • The process is voluntary and any party can opt out of it at any stage if he feels that it is not helping him. the self-determining nature of mediation ensures compliance with the settlement reached.

• • The procedure is speedy, efficient and economical.

• • The procedure is simple and flexible. It can be modified to suit the demands of each case. Flexible scheduling allows parties to carry on with their day-to-day activities.

• • The process is conducted in an informal, cordial and conducive environment.

• • Mediation is a fair process.  the mediator is impartial, neutral and independent. the mediator ensures that pre-existing unequal relationships, if any, between the parties, do not affect the negotiation.

• • • The process is confidential.

  
  
  

  The process facilitates better and effective communication between the parties which is crucial for a creative and meaningful negotiation.

• • Mediation helps to maintain/ improve/ restore relationships between the parties.

• • Mediation always takes into account the long-term and underlying interests of the parties at each stage of the dispute resolution process – in examining alternatives, in generating and evaluating options and finally, in settling the dispute with focus on the present and the future and not on the past. this provides an opportunity to the parties to comprehensively resolve all their differences.

• • In mediation, the focus is on resolving the dispute in a mutually beneficial settlement.

• • A mediation settlement often leads to the settling of related/connected cases between the parties.

• • • Mediation allows creativity in dispute resolution. parties can accept creative and non-conventional remedies which satisfy their underlying and long-term interests, even ignoring their legal entitlements or liabilities.

  
  
  

  When the parties themselves sign the terms of the settlement, satisfying their underlying needs and interests, there will be compliance.

• • Mediation promotes finality.  the disputes are put to rest fully and finally, as there is no scope for any appeal or revision and further litigation.

• • Refund of court fees is permitted as per rules in the case of settlement in a court-referred mediation.

TYPES OF DISPUTES FOR MEDIATION

Judges who refer the cases for settlement through any of the ADR methods are known as referral judges. The role of a Referral Judge is of great significance in court-referred mediation. All cases are not suitable for mediation. Only appropriate cases which are suitable for mediation should be referred for mediation. Success of mediation will depend on the proper selection and reference of only suitable cases by referral judges.

When do you need mediation?

Mediation can be used as an alternative to a court trial in almost all civil cases, regardless of the topic of the dispute or the details of the case. There are, however, a number of factors that make mediation more appropriate for a particular dispute. These factors include:

• A willingness of both parties to participate in mediation
• The need for the parties to find a way to to preserve their relationship
• The potential for a negotiated outcome that satisfies the needs and interests of both parties better than a judge’s decision.

What are the outcomes of mediation?

If the parties can come to an agreement on how to resolve their dispute, the mediator will record the details of the agreement and it will be signed by all parties. At this point, the case is closed and will not proceed to a court trial.

If an agreement cannot be reached, the case will then be prepared for a trial. Mediation may not have completely failed even if the case is not settled, the issues at the heart of the dispute are often clarified which may enable faster proceeding of the court trial.

There are many ways that litigation lawyer can help you resolve your dispute through mediation. A litigation lawyer will represent you during the mediation session as well as help you with a number of things that you need to consider. To get the most out of mediation, you should consider:

• Identifying the core issues and facts that are the source of the conflict
• What is important to you in the resolution of the dispute
• How best to communicate this information to the other party and the mediator
• The possible costs and benefits of a trial if mediation is unsuccessful

At Rose Lawyers, we often encourage our clients to seek mediation rather than a court trial. This is because we have your interests in mind and we know that mediation can save you the time and expense of going to court while still receiving a favourable outcome.

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