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Non-compete Clause in an Employment Agreement Void

This Connect provides a brief overview of the judgement of the Calcutta High Court in the Parraj Automobiles Private Limited v. Mr. Samiran Sinha case, where it held that as per Section 27 of the Indian Contract Act, 1872, non-compete clause in an employment agreement shall be void, as the same is violative of a person’s right to livelihood. However, provisions pertaining to non-solicitation, non-disclosure and similar confidentiality obligations shall be valid and employers can seek protection of the same through injunctive relief.

Termination Without Proof of Service of Order Invalid

This Connect provides a brief overview of the judgement of the Madras High Court in the Cognizant Technology Solutions case where it examined whether termination of an employee without proper communication of the dismissal could be sustained under the Tamil Nadu Shops and Establishments Act, 1947 (“Act”), and held that reinstatement with back wages was justified in cases of abrupt termination of employment.

Withholding Relieving Letter For Breach

This Connect provides a brief overview of the judgement of the Bombay High Court  in the Bharat Aviation Pvt. Ltd. & Anr. v. Rahul Sudhindra Soni case, where it held that if an employee acts in violation of a valid service bond, then the employer of such employee is not obligated to issue relieving letter and separation certificate to such employee. The HC further reiterated that such withholding of relieving letter shall not be violative of Section 27 of the Indian Contract Act, 1872.

No Automatic Permanency of Probationers

This Connect provides a brief overview of the judgement of Bombay High Court, in the case of Dhanraj R. Mahale wherein it dismissed a Letters Patent Appeal filed by former employees of Kirloskar Oil Engines Limited challenging their termination. The High Court reaffirmed that confirmation in service is not automatic upon the completion of probationary period, even if that period exceeds the timeframe prescribed by the Model Standing Orders, provided the appointment terms require a positive act of confirmation by the employer.

Abandonment of Service not Voluntary Retirement

This Connect provides a brief overview of the judgement of the Supreme Court in the K.G. Seshadri case, where it examined and opined on whether an employee could claim pensionary benefits under the State Bank of India Employees’ Pension Fund Rules, 1955 and whether such a claim could be sustained in proceedings under Section 33C(2) of the Industrial Disputes Act, 1947 in the absence of a pre-existing right.

Enquiry Invalid In The Absence of Due Process

This Connect provides a brief overview of the judgement of the Supreme Court  in the Jai Prakash Saini v. Managing Director U.P. Cooperative Federation Ltd. & Ors case, where it held that if an employer conducts enquiry without following the principles of natural justice and denies an employee the opportunity of oral hearing, then termination order made on the basis of such enquiry shall stand invalid. Further, such employee shall be entitled to be reinstated in the post with applicable benefits.

Employee Defamation Claims

This Connect provides a brief overview of the judgment of the High Court of Delhi in the Rohan Book Company case, wherein it clarified various legal principles required to sustain a defamation claim in employer-employee disputes.

Termination Valid On Acceptance of Notice Pay

This Connect provides a brief overview of the judgement of the Delhi High Court (HC) in the Pankaj Vaid vs. ICICI Bank case, where it held that if an employee accepts the termination of his services and applicable notice pay. Then such termination shall be held valid and cannot be challenged by the employee accepting the notice pay.

Probationary Termination and Workman Status

This Connect provides a brief overview of the judgment of the High Court of Delhi in the Sarita Tiwari case, wherein it clarified that a probationer qualifies as ‘workman’ under Section 2(s) of the Industrial Disputes Act, 1947, and affirmed that wages paid under Section 17-B are non-recoverable even if the termination is eventually upheld.

Entitlement To Retiral Benefits

This Connect provides a brief overview of the Supreme Court judgment in the case of Ashok Kumar Dabas v. Delhi Transport Corporation where it partially allowed an appeal filed by the legal heirs of a deceased employee, Ashok Kumar Dabas. The apex court reaffirmed the legal distinction between resignation and voluntary retirement, holding that while resignation entails forfeiture of past service for pensionary purposes as per Rule 26 of the Payment of Gratuity Rules, 1972, it does not deprive an employee of statutory gratuity.

Arbitral Interest Rate & Party Autonomy

This Connect provides a brief overview of the December 2025 judgement of the Supreme Court of India in the BPL Limited case, wherein it affirmed the primacy of party autonomy in determining arbitral interest rate under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

Labour Court Must Confine Itself Strictly To The Terms Of The Reference

This Connect provides a brief overview of the judgement of the High Court of Kerala, in the Lunar Rubbers and Viking Rubbers case, wherein it held that the Labour Court must confine its adjudication strictly to the dispute referred to it and cannot adjudicate upon matters which go beyond the scope of the reference made under the provisions of the Industrial Disputes Act, 1947.

Survival of Arbitration Clause Post Expiry of Contract

This Connect provides a brief overview of the judgement of the High Court of Judicature at Allahabad , in the case of Banaras Hindu University, Varanasi through its Registrar Vs. Versus M/s Umang Cure Private Limited and 3 others wherein it partially allowed an appeal and set aside an interim injunction order. The Court reaffirmed that an arbitration agreement does not necessarily perish with the expiry of a contract if the parties continue their relationship through conduct.

Complainant’s Internal Committee Has Jurisdiction Over Non-Employee Respondent

This Connect provides a brief overview of the judgement of the Supreme Court (SC) in the Dr. Sohail Malik case, where it made a wider interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and held that the Internal Committee of the workplace of the aggrieved woman/complainant has jurisdiction to inquire into the complaint even if the respondent is not an employee of the complainant.

Arbitration Clause in Expired Parent Lease Inapplicable to Fresh Lease

This Connect provides a brief overview of the order of the Calcutta High Court in the New India Assurance Company Limited case where it examined whether a dispute concerning specific performance of an alleged concluded contract for execution of a fresh lease is liable to be referred to arbitration as per the Arbitration and Conciliation Act, 1996, on the strength of an arbitration clause contained in the expired Parent Lease deed

Eligibility of Arbitrator when Former Employee

This Connect provides a brief overview of the judgement of the High Court of Jammu & Kashmir and Ladakh, in the case of Union Territory of J&K v. M/s SRM Contractors Ltd., wherein it reaffirmed that a person’s past professional relationship as an employee of a party does not, by itself, attract the disqualifications under Section 12(5) and the Seventh Schedule of the Arbitration and Conciliation Act, 1996.

Employer-Employee Relationship

This Connect provides a brief overview of the judgement of the High Court of Delhi in the Indraprastha Gas case, wherein it determined that the initial burden of proof of employer-employee relationship lies with the claimant and held that the Labour Court had acted beyond its jurisdiction by declaring a third-party contract a sham and camouflage in the absence of specific pleadings.

Employer Cannot Terminate Employee For Being HIV Positive

This Connect provides a brief overview of the judgement of the Delhi High Court (HC) in the ABC case where it held that termination of an employee solely for being HIV positive is unlawful and violative of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and the Rights of Persons with Disabilities Act, 2016.

Termination for Forged Employment Credentials

This Connect provides a brief overview of the judgement of the Division Bench of the High Court of Karnataka in the Malurappa case, wherein it has affirmed that a dismissal from service is justified when an appointment is procured through forged educational certificates, as such fraudulent acts constitute misrepresentation and create no equity in favour of the employee regardless of their length of service.

Legality of Karnataka Menstrual Leave Policy

This Connect provides a brief overview of the recent government order to release Menstrual Leave Policy by the Government of Karnataka wherein it has mandated employers to provide eligible women employees paid leave of one day per month for eligible women employees during their menstrual cycle for their health and well-being. It also examines in brief the legality of the order.

Stamp Duty Rate Dependent on Instrument’s Legal Character

This Connect provides a brief overview of the judgement of the Supreme Court in the M/S Godwin Construction case where it examined whether a ‘Security Bond or Mortgage Deed’ is chargeable under Article 40 or Article 57 of Schedule I-B of the Indian Stamp Act, 1899. It opined that it is the legal character of the instrument that is considered for determination of Stamp Duty and not the nomenclature of the instrument.

Provident Fund of International Workers

This Connect provides a brief overview of the common judgment delivered by the Division Bench of the High Court of Delhi in the Spice Jet and LG Electronic case wherein it examined the challenge to special provisions made for ‘International Workers’ under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and contradicted a 2024 judgment of Karnataka High Court.

Employer Cannot Deny Statutory Benefits During Prolonged Disciplinary Proceeding

This Connect provides a brief overview of the judgement of the Punjab and Haryana High Court (HC) in the Ashok Kumar case where it held that a delinquent employee cannot be denied his statutory benefits such as salary and leave encashment due to prolonged disciplinary proceedings. The HC reiterated that prolonged disciplinary inquiry reflects poorly on the employer as it contributes to the mental and financial agony of the delinquent employee.

When Title to Property is not Conferred?

This Connect provides a brief overview of the judgement of the Supreme Court in the case of Ramesh Chand (Deceased) through Legal representatives vs. Suresh Chand and Another wherein it was held that executing documents like agreement to sell, issuance of General Power of Attorney and receipt of consideration do not confer a valid title to an immovable property.

What Constitutes a POSH Complaint?

This Connect provides a brief overview of the judgement of the Kerala High Court in the Abraham Mathai case where it upheld the quashing of a Local Committee report, confirming that POSH inquiries are invalid without a mandatory written complaint. It emphasized that allegations of creating a hostile work environment must be connected with an act of sexual harassment.

POSH Complaint When Barred?

This Connect provides a brief overview of the judgement of the Supreme Court in the Vaneeta Patnaik case wherein it examined the scope of limitation under Section 9 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Registration of Well-Known Marks

This Connect provides a brief overview of the judgement of the High Court of Bombay in the Tiktok Limited case, wherein the Court upheld the refusal of the Registrar of Trade Marks to include ‘TikTok’ in the list of well-known marks. It held that a ban imposed on the app by the Government of India on national security grounds is a relevant fact that the Registrar can consider under the Trade Marks Act, 1999.

Acceptance of Resignation

This Connect provides a brief overview of the judgement of the Jammu and Kashmir High Court in the Bilal Ahmad Yatoo case wherein the Court upheld the dismissal of a police constable holding that there was no bar in accepting a resignation on the same day on which it was tendered.

Assessing Claims for Pay Scale Parity

This Connect provides a brief overview of the judgement of the Himachal Pradesh High Court in the Surender Verma case wherein it opined on the stringent requirements for establishing claims of pay scale parity, especially under the ‘equal pay for equal work’ doctrine, for employees in different departments.

No Vicarious Liability without proof of responsibility over Company Affairs

This Connect provides a brief overview of the judgement of the High Court of Himachal Pradesh in the case of VADSP Pharmaceuticals and Others vs. Union of India wherein it has ruled that complainant needs to aver in the complaint that the person sought to be vicariously liable is not only in charge of but is also responsible to the Company for its affairs.

Relaxed Application of Employees’ Compensation Act In Assessing Disability

This Connect provides a brief overview of the judgement of the Supreme Court in the Kamal Dev Prasad case where it held that the objective of the Employees’ Compensation Act, 1923 is to provide relief to the victims of workplace accidents and therefore a liberal approach beyond the statutory prescription is acceptable when determining disability compensation.

Maternity Leave is Essential Part of Reproductive Rights

This Connect provides a brief overview of the judgement of the Supreme Court in the case of K Umadevi vs. State of Tamil Nadu wherein it has ruled that maternity leave is a vital part of women’s reproductive rights, emphasizing that it is not merely a benefit, but a fundamental right protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Assessing Sexual Harassment Claims

This Connect provides a brief overview of the judgement of the Bombay High Court in the Vinod Narayan Kachave case wherein it opined that Internal Committees and Industrial Courts must thoroughly evaluate whether proven incidents truly constitute sexual harassment.

Registration of Similar Trademarks

This Connect provides a brief overview of the Delhi High Court’s decision on registration of a trademark in for a pharmaceutical line of a Chinese company in India, on appeal from the decision of the Deputy Registrar of Trademarks. The HC observed that simpliciter registration of a mark in another jurisdiction does not entitle a person or an entity for registration of the same in India.

Copyright Licensing by Societies

This Connect provides a brief overview of the order of the Delhi High Court in the Azure Hospitality case where the Division Bench opined that entities carrying on the business of issuing or granting licenses for copyrighted works must either be registered as a copyright society or be a member of one.

ESI Contribution Mandatory for Covered Establishments

This Connect provides a brief overview of the judgement of the Andhra Pradesh High Court in the Jaya Venkatarama case where it held that factories and establishments falling within the purview of the Employees’ State Insurance Act, 1948 cannot be exempted from making contributions under the statute irrespective of their employees being covered under private insurance and irrespective of there being no ESI dispensary in the area.

Brief on the Karnataka Gig Workers Ordinance

The Governor of Karnataka on May 27, 2025, promulgated the Karnataka Platform Based Gig Workers (Social Security and Welfare) Ordinance, 2025 (‘Ordinance’). The Ordinance provides for a regulatory framework that governs platforms-based gig workers in the state of Karnataka. This Ordinance seeks to establish legal, welfare and social security provisions for gig workers.

High Court on Existence of Industrial Disputes

The Calcutta High Court in the Indian Institute of Management, Calcutta case, held that an Industrial Tribunal is the right forum to determine if IIM-C, a statutory body, was the principal employer of contracted canteen resources engaged through its student council. It further held that mere denial by IIM-C was not sufficient to preclude a reference under the Industrial Disputes Act, 1947. It ruled that an employer-employee relationship is a mixed question of law and fact, and must be adjudicated only by the Tribunal.

Writ Maintainable To Safeguard Existing Right

The Allahabad High Court in Jai Prakash Associates Ltd. v. State of U.P., held that the writ jurisdiction can be invoked to safeguard existing rights and not for seeking to establish any new right. However, such jurisdiction may be resorted to where the controversy involves a public law element and challenges executive fiat rights on the grounds of being illegal, arbitrary and disproportionate.

Reappointment After Termination To Be Considered Afresh For Pension Calculations

This Connect provides a brief overview of the judgement of the Bombay High Court in the V.N. Madhu case wherein it held that tenure of service provided by an unlawfully appointed employee would not be considered for the purpose of computing pension and gratuity benefits. Reappointment when made lawfully would be considered afresh for the purpose of computing pension and gratuity benefits.

Appointment of Arbitrator under Incomplete MOU

This Connect provides a brief overview of the Calcutta High Court judgement in Greenbilt Industries case wherein it adjudicated on the appointment of an arbitrator for settling a dispute two corporate entities. The issue before the court was whether it must appoint an arbitrator based on a clause contained in a draft Memorandum of Understanding (MOU). The HC rejected the petition on the basis that the cause of action did not arise within the jurisdiction of the court based on the draft MOU.

Registration Cannot Be Refused Due To Lack Of Title Documents

This Connect provides a brief overview of the judgement of the Supreme Court in the K. Gopi V. The Sub-Registrar & Ors., case wherein it struck down Rule 55(A)(i) of the Tamil Nadu Registration Rules, 1949 as it is ultra vires the Registration Act, 1908 and reiterated that registering authority cannot adjudicate on the seller’s title to execute the transfer and refuse registration on the same ground.

Implementing Court Orders

This Connect provides a brief overview of the Bombay High Court judgment in the Arun Firodiya case wherein it dismissed the criminal writ petition filed by the chairman of Kinetic Engineering Ltd. challenging the lower court’s order for issuance of process against him for non-implementation of the court orders.

The Principle of ‘No Work No Pay’

The Allahabad High Court, in the Shivakar Singh case, denied relief to an employee who was in jail for nearly three years and had claimed back wages for the period, on the principle that missing work due to incarceration does not entitle the employee to back wages. The writ petition seeking back wages was rejected.
This Connect provides a brief overview of the judgment wherein it applied the “no work, no pay” principle.

Registration of Identical Trademarks

This Connect provides a brief overview of the judgement of the Delhi High Court in Broad Peak Investment Holdings Limited v. Broad Peak Capital Advisors.case, wherein it applied the territoriality principle and held that a mark may be well-known name internationally, but that by itself cannot be a ground to assume that there has been a spillover of the reputation and goodwill of the mark in India.

Mere Registration does not validate a Will

The Supreme Court, in Leela and others case, held that a will is not deemed valid simply by being registered. Rather, it must be proven in compliance with Section 68 of the Evidence Act, 1872 and Section 63 of the Indian Succession Act, 1925. This Connect analyses the judgment and reasoning of the Supreme Court.

Karnataka High Court on Fixing Minimum Wages

This Connect provides a brief overview of the judgement of the Karnataka High Court in the Karnataka Employers Association case, wherein it held that the employers are stakeholders and parties who would be affected as their obligations would arise as an end result of the exercise of fixing and revising the minimum wages.

Delhi High Court on Employment Agreements

This Connect provides a brief overview of the judgement of the Delhi High Court in Lily Packers case, wherein it reinforced the principle that reasonable restrictions on an employee’s activities during the employment term are generally enforceable and can be subject to arbitration when an arbitration clause is included in the employment agreement.

SC on Breach of the Settlement or Award under the Industrial Disputes Act

The Supreme Court, in Yugal Sikri and others case, held that a complaint under Section 29 of the Industrial Disputes Act 1947 must have a specific pleading regarding the breach of the settlement or award binding on the accused employers. Before setting criminal law in motion, careful application of mind by magistrate is necessary. This Connect analyses the judgment and reasoning of the Supreme Court.