fishes .. .. Fukushima Prefecture ..

Fishes look so attractive .. .. to see them swim in a pond could have soothing effect – incidentally seeing ornamental fish in a bowl or in a tank is seemingly different than seeing them in a pond ! Have observed that guppies / mollies give birth to live fingerlings while ornamental fish like goldfish lay eggs.  Incidentally, have read that the famous temple tank at Thiruvallikkeni – ‘kairavini pushkarini’ famous for lily flowers is devoid of fish .. .. have seen so many guppies when tank went dry in mid 1970s.  A decade ago, SYMA undertook extensive cleaning of the Temple tank, which was filled up immediately by timely rains – during that time, we bought, transported and put small fingerlings into the holy tank.

All fish share two traits: they live in water and they have a backbone—they are vertebrates. Apart from these similarities, however, many of the species in this group differ markedly from one another. Fin fish like salmon have gills, are covered in scales, and reproduce by laying eggs. Eels, by contrast, have worm-like bodies and exceedingly slimy skin.  Lungfish gulp air. Whale sharks, the largest fish, give birth to live young and eat only tiny fish, squid, and plankton. Some species, such as the weedy sea dragon, are so bizarre they seem almost unreal.

Fish have developed special senses, too. Because water transmits sounds, disperses chemicals, and conducts electricity better than air, fish rely less on their vision and more on their hearing, taste, and smell. Many can detect motion in the water using a special row of scales with sensors known as the lateral line. Others can find their prey and even navigate by detecting electrical charges. One reason fish are so diverse is that 70 percent of the planet is covered in water. The animals in this group live in a variety of habitats ranging from coral reefs and kelp forests to rivers, streams, and the open ocean.

Miles away, people fish so much in Colorado, it's become a $1.9 billion industry in the state, according to Colorado Parks & Wildlife (CPW).  Lakes and rivers state-wide need thousands of fish to keep up with demand. CPW focuses on those numbers to provide enough supply -- breeding, hatching, rearing and stocking more than 90 million fish each year for Colorado's waterways.

Japan’s Nuclear Emergency Response Headquarters on Feb. 25 lifted the last shipment restriction on fish species caught off Fukushima Prefecture, resulting in all 44 species becoming available for consumers for the first time since the accident at the Fukushima No. 1 nuclear power plant in March 2011. Tests involving a limited number of fishing trips have been conducted since June 2012, and discussions on resuming full operations are expected to intensify.

After the nuclear accident, the government restricted the shipment of the 44 kinds of fish caught off the prefecture, which had been found to exceed the legal limit of radioactive cesium. Since then, the government has lifted the shipping ban in stages as fish species were confirmed to be safe following testing. Meanwhile, at the Tokyo Electric Power Co. Holdings Inc.’s Fukushima No. 1 plant, large quantities of treated water are stored in tanks that are expected to reach their limit in summer 2022.  A panel at the Economy, Trade and Industry Ministry submitted two proposals to the government on Feb. 10: release the water either into the ocean or into the atmosphere. Fishermen in the prefecture are opposed to the ocean release.

Fishes have lots of predators – of which their own species ‘fish’ and humans are giant killers. They have many other threats too .. .. recently read of an interesting addition. Otters are carnivorous mammals in the subfamily Lutrinae. The 13 extant otter species are all semiaquatic, aquatic or marine, with diets based on fish and invertebrates.  In what is being seen as a reflection of strong ecological conservation in Chilika, Eurasian Otter, a semi-aquatic mammal native to Eurasia, has been sighted for the first time in the brackish water lagoon bringing cheers for wildlife lovers.

Chief Executive of Chilika Development Authority (CDA) Odisha  said the species has been found for the first time in eastern India. Presence of the species in the marshland was confirmed through camera traps and bycatch data used by The Fishing Cat Project (TFCP).  The otters were spotted during TFCP’s survey to camera trap the fishing cats in the fringe villages of Chilika covering an area of 1,070 sq km. The Smooth-coated Otter, found in most of the Indian subcontinent and Southeast Asia whose presence in the wetland had been previously confirmed, was also spotted during the survey.

Otters are found in Singapore – co-existing with humans in the busy city.  However, the rise of the urban otter has caused some conflicts with people. Homeowners in the gated-community enclave on the island of Sentosa reported that their koi carp ponds had been emptied by otters, and one hotel in the same area lost 85,000 Singaporean dollars’ worth of ornamental fish over eight months, according to local news reports.

Interesting !

With regards – S. Sampathkumar

13.3.2020.

Employees Compensation Act 1923 ~ Supreme Court on Notional extention theory

Misfortunes can occur at any workplace harming those at work. Duty is cast on the  Employer to pay compensation arising out of  personal injury  / death  caused to a workman at such workplace.  Employees Compensation Act 1923  provides for payment of compensation by the employer to his employees (or their dependents in the event of fatal accidents) in respect of personal injury due to accidents arising out of and in the course of their employment.   

Have posted at length the excerpts of  judgment of Apex Court  (13.2.2020) in Civil Appeal no. 9046 of 2019 – now comes yet another interesting interpretation by Supreme Court of India on 6.3.2020, this time on ‘notional extension principle’ – when does worktime begin or end ?.

This is a Civil Appeal preferred by Poonam Devi and others Vs Oriental Insurance and others arising out of a case of 2014.  The appellants are the legal heirs of the deceased. They were granted compensation of Rs.4,45,420/­ with interest at the rate of 12 per cent by the Commissioner, Workmen’s Compensation Act from the date of accident up to the date of deposit in addition to a penalty   imposed   on   the   employer   under   Section   4A(3)(b)   of   the Act. It was agitated before the High Court and this appeal before Apex Court.

The deceased @ 21 was a driver on truck from Ambala to Meerut, a distance of approx. 200 km – in mid noon, when he approached the bridge near village Fatehpur, the deceased went to the Yamuna canal to fetch water and also to have a bath.  Unfortunately, he slipped into the canal and died. The vehicle   was   insured   with the Respondent.  PW2  deposed that the deceased had gone to fetch water in a can along with the cleaner who tried to save   him,   but   both   slipped   into   the   canal.     WC commissioner in 2005 allowed compensation.

Insurers went on appeal and High Court held that the deceased may have died during the course of the employment but death did not arise out of the employment, as bathing in the canal was not incidental to the employment but was at the peril of the workman.  There was no casual connection between the death of the workman and his employment.

More was to follow before the Apex Court.  The learned   counsel   for   the   appellants submitted that there was a causal connection of the death with the employment.  In the extreme heat of the month of June at noon, a presumption would arise that the deceased  had gone to the canal to fetch water not only to cool the truck but also himself to ensure a proper and safe journey of the vehicle belonging to the employer and his own safety.  

Reliance was placed on  Leela  Bai  and  anr.  vs. Seema Chouhan and anr., (2019) 4 SCC 325.  The respondent Insurers opposed the appeal submitting that High Court had rightly held that there was no casual connection between the death of the deceased with the employment.  Merely because death may have occurred in the course of the employment will not suffice unless it is established

that it was incidental and arose out of the employment.  Reliance was placed on  Malikarjuna  G.  Hiremath  vs.  Branch  Manager, Oriental   Insurance   Company   Limited  and  another, (2009) 13 SCC 405.

The Court held that considering the submission on behalf of the parties, impugned orders and case laws – Workmen Compensation Act (now Employee’s Compensation Act 1923) is   a   piece   of   socially beneficial   legislation.     The   provisions   will   therefore   have   to   be interpreted in a manner to advance the purpose of the legislation, rather than to stultify it.   In case of a direct conflict, when no reconciliation is possible, the statutory provision will prevail only then.

The Act under Sec 3 provides that :  (1) If personal injury is caused to a workman by accident arising out of and in the course of his employment, his employer shall be liable to pay compensation in accordance with the provisions of this Chapter:

In Manju Sarkar & Ors. vs. Mabish Miah & Ors., the   deceased   was   driving   the   employer’s   truck   from Agartala to Churaibari FCI godown.  When he reached near Dharam Nagar,   he   got   down   to   make   arrangements   for   repairing   some mechanical problems in the truck when he was hit on the road by another vehicle and died in the hospital.  Applying the principle of notional extension, it was held that death occurred in the course of employment.  Courts have agreed that employment does not necessarily end when the “down tool” signal is given or when the workman leaves the actual workshop where he is working.There is a notional extension at both the entry and exit by time and space. The scope of such extension   must   necessarily   depend   on   the circumstances of a given case. As employment may   end   or   may   begin   not   only   when   the employee begins to work or leaves his tools but also when  he used the  means of access and, egress to and from the place of employment.”

In Daya Kishan Joshi & Anr. vs. Dynemech Systems Pvt. Ltd., (2018) the deceased was employed as an engineer for promoting sales and  installation of products which required him to move around in the field.   While returning from field work, he met with an accident resulting in death.  Holding that his being on the road related to the nature of his duties, not only the injury was caused during the currency of the employment but also arose out of the employment.

The Court further added that - coming to the facts of the present case, the deceased was driving   the   truck   of   respondent   no.2   from   Ambala   to   Meerut. Indisputably he was in the course of his employment.  We can take judicial   notice   of   the   fact   that   considering   the   manufacturer’s specification, the cabin of the truck was not air conditioned and would have been a baking oven in the middle of the afternoon in the sultry   monsoon   heat   of   June   2003,   when   the   temperature   was touching 42.60C in Yamunagar (Haryana) (source: weatheronline.in). It was a compulsion for the deceased to stay fresh and alert not only to protect the truck of respondent no.2 from damage but also to ensure a smooth journey and protect his own life by safe driving. We can also take judicial notice of the fact that the possibility of the truck   also   requiring   water   to   prevent   overheating   cannot   be completely ruled out. 

In these circumstances, can it be said that the act of the deceased in going to the canal to fetch water in a can for the truck and to refresh himself by a bath before continuing the journey was not incidental to the employment?  Every action of the driver of a truck to ensure the safety of the truck belonging to the employer and to ensure his own safety by a safe journey for himself has to be considered as incidental to the employment by extension of the notional employment theory.  A truck driver who would not keep himself fresh to drive in such heat would be a potential danger to others on the road by reason of any bonafide errors of judgement by reason of the heat.

The theory of notional extension noticed in the  Agnes  (supra) and followed in  Leela  Bai  (supra) is extracted:  “  this is subject to the theory of notional extension of the employer’s   premises   so   as   to   include   an   area which   the   workman   passes   and   repasses   in going to and in leaving the actual place of work. There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though

he had not reached or had left his employer’s premises. The facts and circumstances of each case will have to be examined very carefully in order to determine whether the accident arose out of and in the course of the employment of a workman, keeping in view at all time this theory of notional extension.”

The Hon’ble Court having considered the circumstances of the case held that the order of High Court was found to be unsustainable and was set aside.  It restored the order of WC Commissioner dated 12.12.2005.  Court directed that the payments in terms of the order of the Workmen’s Compensation Commissioner be made to the appellants within a period of six weeks   from  the date of order.  In the proceedings, R2 had been deleted and the question of payment of penalty by her does not arise.

Interesting ! contains many learning for Employer, Employee, Insurer, Intermediaries and others .. ……….

With regards – S. Sampathkumar

19.3.2020.

commemorative coins ~ Swiss mint Albert Einstein coin

Coins are always interesting.  It is reported that Government Mint, Hyderabad (IGMH), is currently minting 2019 series visually challenged-friendly coins and will soon release ₹20 coins.  Over a few years now, India has stopped importing the coins from 10 foreign countries, including the UK and South Korea.  It was further reported that in addition, the Mint is   engaged in melting, refining and assaying of silver and gold to BS standards from different temples such as TTD, Shri Sai Sansthan Trust, Huligamma Temples, Sri Kalahasti Devasthanam. 

‘Albert Einstein’ is an anagram of ‘Ten elite brains’. What is relativity? Succinctly put, it is the notion that the laws of physics are the same everywhere. We here on Earth obey the same laws of light and gravity as someone in a far off corner of the universe. The universality of physics means that history is provincial.  The theory is based on two key concepts. First, the natural world allows no “privileged” frames of reference. Second, light travels at an unvarying speed of 186,000 miles a second. No matter how fast an observer is moving or how fast a light-emitting object is moving, a measurement of the speed of light always yields the same result. Starting from these two postulates, Einstein showed that space and time are intertwined in ways that scientists had never previously realized.

All Professors and learned persons look very intelligent too .. .. yet, part of Albert Einstein’s charm was his dishevelled look. In addition to his uncombed hair, one of Einstein’s peculiar habits was to never wear socks. To Einstein, socks were a pain because they often would get holes in them.  .. .. more important is the fact that he was a genius.  The Nobel Prize in Physics 1921 was awarded to Albert Einstein "for his services to Theoretical Physics, and especially for his discovery of the law of the photoelectric effect."

Albert Einstein was born at Ulm, in Württemberg, Germany, on March 14, 1879.  In 1905 he obtained his doctor’s degree. During his stay at the Patent Office, and in his spare time, he produced much of his remarkable work and in 1908 he was appointed Privatdozent in Berne. In 1909 he became Professor Extraordinary at Zurich, in 1911 Professor of Theoretical Physics at Prague, returning to Zurich in the following year to fill a similar post. In 1914 he was appointed Director of the Kaiser Wilhelm Physical Institute and Professor in the University of Berlin. He became a German citizen in 1914 and remained in Berlin until 1933 when he renounced his citizenship for political reasons and emigrated to America to take the position of Professor of Theoretical Physics at Princeton. He became a United States citizen in 1940 and retired from his post in 1945. After World War II, Einstein was a leading figure in the World Government Movement, he was offered the Presidency of the State of Israel, which he declined, and he collaborated with Dr. Chaim Weizmann in establishing the Hebrew University of Jerusalem.

Einstein always appeared to have a clear view of the problems of physics and the determination to solve them.  It is stated that after his marriage to Mileva Maric hit the rocks in the early 1910s, Einstein left his family, moved to Berlin and started a new relationship with his cousin, Elsa. He and Maric finally divorced several years later in 1919. As part of their separation agreement, Einstein promised her an annual stipend plus whatever money he might receive from the Nobel Prize—which he was supremely confident he would eventually win.  The post is about a coin unveiled by Switzerland – a small coin admeasuring just 0.12 inch and weighing just one 500^th of an ounce and showing .. .. the famous Albert Einstein sticking out his tongue [visible only if you have a magnifying glass]

State-owned Swissmint said the coin would be go on sale for 199 francs (£155). Switzerland has minted a gold coin so small that a magnifying glass is needed to see each side - one of which shows Albert Einstein sticking out his tongue. State-owned Swissmint said that the 0.12-inches (2.96-millimetre) gold coin is the smallest in the world. It is similar in size to the combined thickness of two pieces of paper. The coin weighs just 1/500th of an ounce (0.063 grams) and has a nominal value of 1/4 Swiss francs (about 20p). Its weight is comparable to that of two grains of rice.

The famous image of Einstein sticking out his tongue came on his 72nd birthday on March 14, 1951. United Press photographer Arthur Sasse was trying to persuade him to smile for the camera, but having smiled for photographers many times that day, Einstein stuck out his tongue instead.  Swissmint said the coin, of which just 999 have been made, will be sold for 199 francs (£155) with a special magnifying glass so owners can see the famous physicist on its face.  Swissmint said it wanted to push boundaries with the coin and stretch the limits of technology and achieve something unique. It cited Einstein's determination and patience as reason for its remarkable coin.

Einstein lived mainly in Switzerland from 1895 to 1914, where he also completed his studies in 1900, at today's ETH in Zurich.  In 1901, he was granted Swiss citizenship and in 1902 he found permanent employment as a technical expert in the Patents Office in Bern.  It was in 1905 that he published what is probably the most famous formula in the world: E=mc2. It shows that energy (E) and mass (M) are interchangeable; they are different forms of the same thing.

The smallest gold coin in the world comes in specially developed packaging. Neither image on the minted sides can be discerned with the naked eye.  The obverse of the smallest coin therefore features the famous image of Albert Einstein sticking out his tongue, and the year date 2020. The reverse shows the nominal value of 1/4 franc together with the inscription 'Helvetia' and the Swiss cross, supplemented by the alloy mark 'AU 999.9' and the weight (1/500 ounce).

With regards – S. Sampathkumar

24^th Feb 2020.

fight against Corona - TN does well; JCT Phagwara achieves ! & China sells and ...

In a month or two – Corona, Pandemic have become common names, read, shared and more so, feared by millions.

US  President Donald Trump has repeatedly referred to the “Chinese virus” when talking about the pandemic. Some  of his critics insist the term is racist, echoing official Chinese talking points.  World Health Organization officials warned against calling COVID-19 the “Chinese virus” saying that it could unintentionally lead to racial profiling.  Since emerging from Wuhan, China, just over three months ago, the new coronavirus has spread to almost every country around the world. To some Western media, the crisis is inherently political because it was caused in part by incompetent, malicious, and corrupt politicians. To ignore the political dimension of the coronavirus pandemic is an excellent way to ensure it happens again. If we do not want another global pandemic, we have to hold accountable the politicians responsible for making it worse, chief among them Chinese President Xi Jinping. He did not create the novel coronavirus, but his government’s missteps are directly responsible for its global transmission and uncontrolled spread, with all its terrible consequences to populations and economies around the world, wrote a popular media.

A global pandemic is not a blind force of nature independent of human agency. It is a failure of governance. An analogy with famines is useful.

For some positive news – TN Govt – CM and Health Minister are doing great job in trying to contain spread of virus.  Health Minister Mr C Vijaya Baskar is virtually everywhere – travelling, being with people, with health officials and personally supervising the arrangements.  Another good news is that Phagwara-based Jagatjit Cotton Textiles (JCT) Mills Limited is all set to supply personal protective equipment (PPE) for medical professionals and frontline workers engaged in testing and treatment of COVID-19 patients.  The PPE suit, also known as hazmat (hazardous materials suit), by JCT Mills has been cleared and certified for production by SITRA (South India Textile Research Association (SITRA) Coimbatore) — an industry sponsored, Union government supported renowned research institute in the textiles sector.

Caveat emptor is Latin for "Let the buyer beware". It has become a proverb in English. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also apply to sales of other goods. The phrase caveat emptor and its use as a disclaimer of warranties arise from the fact that buyers typically have less information than the seller about the good or service they are purchasing.

An Airbus plane landed in Spain on Saturday (Mar 28) carrying a cargo of more than 4 million face masks from China, the European planemaker said, as countries race to source more protective gear as they battle the coronavirus pandemic. Low on supplies or money, traditional American allies like Spain, Italy, France and Japan have had to turn to China for help. "China creates the poison and sells the solution to it," foreign affairs expert Gordon Chang told Fox News. China has used its money, medical equipment and teams of doctors and nurses in a high-stakes campaign to show the world that while the United States scrambles to contain the novel coronavirus within its borders, China is busy moving in on some of America's closest allies.

"Never let a good crisis go to waste," a senior fellow in the Atlantic Council's Eurasia Center, wrote. "There is no better illustration that the medical supplies and crews of doctors China has been supplying to Italy and other European countries battling COVID-19. Beijing does carry a large share of the blame for the global pandemic... but now it seeks to shape the narrative of the crisis unfolding before our eyes.  China has also been floating the idea that it has donated all of the medical supplies out of concern for the world. That's not the case, Chang said. "A lot of the stuff that China claims has been donated has not been donate," he said. "It's been sold." China has come through for several countries but, in some, it has fallen short of expectations.

People in the United States  and Europe  are wrong not to wear face masks in public during the Covid-19  pandemic, according to the head of the Chinese Centre for Disease Control and Prevention. “The big mistake in the US and Europe, in my opinion, is that people aren’t wearing masks,” Gao Fu, the agency’s director general, said in an interview with Science Magazine, one of the world’s leading academic journals. “This virus is transmitted by droplets and close contact,” he said. “Droplets play a very important role – you’ve got to wear a mask, because when you speak, there are always droplets coming out of your mouth.” Not everyone agrees with Gao’s assessment, however. The World Health Organisation  (WHO), for instance, says that only people showing symptoms of infection or those caring for someone that has Covid-19 needs to wear a  face mask.  The European and US disease control and prevention centres take a similar view to the WHO. But Gao said people should err on the side of caution.

But Beijing’s efforts – which state media has called “China’s solution to fight the pandemic” – have had a mixed response, and analysts say its “mask diplomacy” will do little to convince critics in the West. The US Army Europe said it had delivered medical supplies and equipment – including hospital beds, mattresses and adjustable IV poles – from its base in the Italian port city of Livorno to the hard-hit region of Lombardy. US Secretary of State Mike Pompeo said earlier that the country had offered more than US$100 million in medical aid to other nations – including long-time enemy Iran.

Spain’s capital has stopped using a rapid Covid-19 test kit made by a Chinese company after research suggested it was not accurate enough.   In Spain, Health Minister Salvador Illa announced Wednesday that the country had bought $467 million in medical supplies from China, including 950 ventilators, 5.5 million testing kits, 11 million gloves and more than half a billion protective face masks. Soon after receiving the supplies, the Spanish government announced plans to return 9,000 "quick result" test kits to China, El Pais reported, because they were deemed substandard, specifically the sensibility of the test was around 30 percent, when it should be higher than 80 percent. China admitted that the kits they sold to Spain were bought from Bioeasy, a Chinese company not licensed to make them. The time and money Spain wasted on faulty supplies could have devastating effects on a country that is now in its second week of a national lockdown after cases of COVID-19 spiked.

The Spanish Society of Infectious Diseases and Clinical Microbiology (SEIMC), one of Spain’s leading research institutes, said on its website it had found that nose swabs developed by Shenzhen Bioeasy Biotechnology had an accuracy rate of less than 30 per cent.  It is not Spain alone.   Dutch officials have recalled 600,000 face masks manufactured in China because they did not meet quality standards, the government’s health ministry said on Saturday. The news shocked frontline medical staff in the Netherlands, who rely on high-quality products to protect them from contracting Covid-19, Dutch public broadcaster NOS said. Half of the shipment of 1.3 million supposedly top-of-the-line face masks – known as N95 in the United States and Hong Kong – had already been distributed to doctors and nurses treating the most critical Covid-19 patients, the government said.

Sad – the acts of China seems outrightly  bad and are highly condemnable!

With regards – S. Sampathkumar

29.3.2020