This Connect provides a brief overview of the Patna High Court’s judgment in the Gupta Power case, in which it reaffirmed that state instrumentalities possess an inherent executive power to blacklist contractors even in the absence of express provisions in a tender or contract.
Author: zensciences
Indefinite Suspension Impermissible
This Connect provides a brief overview of the judgement of the Uttarakhand High Court in the Nagendra Pratap case, where it held that a government servant cannot be kept under suspension for an indefinite period and quashed the suspension order, noting that the disciplinary enquiry was unlikely to conclude in the near future.
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.
Governmental Blacklisting of Contractors
This Connect provides a brief overview of the Supreme Court’s judgment in A.K.G. Construction case, in which it clarified that blacklisting is a stigmatic measure requiring distinct standards of legality and proportionality from contract termination
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.
Limit of Surety’s Liability Upon Variation of Guarantee
This Connect provides a brief overview of the judgement of the Supreme Court, in the Bhagyalaxmi Co-operative Bank Ltd. case, wherein it held that the liability of a surety is discharged only in respect of transactions subsequent to an unauthorised variance in the terms of the contract under the provisions of the Indian Contract Act, 1872.
Contractual and Statutory Limits of Interest in Arbitration
This Connect provides a brief overview of the judgement of the Supreme Court in the Larsen & Toubro case where it examined whether an arbitral tribunal could award pre-award/pendente lite interest despite an express contractual bar and whether post-award interest is governed by the Arbitration and Conciliation Act, 1996.
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.
Employer’s Refusal To Accept Resignation amounts to Bonded Labour
This Connect provides a brief overview of the judgement of the Kerala High Court (HC) in the Greevas Job Panakkal case, where it held that an employer cannot reject an employee’s resignation unless the resignation is in non-compliance with the employment agreement or disciplinary proceedings have been initiated against such employee.
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.
Ex-Parte Decree Invalid Without Proper Service Of Summons
This Connect provides a brief overview of the judgement of the High Court of Rajasthan in the Devkrishna and Others case where it examined whether an ex-parte decree can be sustained where summons was allegedly refused but the Process Server and Witnesses were not examined to verify valid service under the Code of Civil Procedure, 1908.
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.
Labour Code Series # 4 – Code on Social Security 2020
The fourth of the series, providing an overview of the Code on Social Security, 2020.
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.
Labour Code Series No. 3 – Industrial Relations Code, 2020
The Third of the series, providing an overview of the Industrial Relations Code, 2020.
We will be releasing similar Connect on the Code on Social Security, 2020 in due course.
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.
No Jurisdiction to Appoint Arbitrator in Foreign Seated Arbitration
This Connect provides a brief overview of the judgement of the Supreme Court in the case of Balaji Steel Trade vs. Fludor Benin S.A. & Ors., wherein it has reaffirmed that Indian courts lack jurisdiction to appoint an arbitrator when the primary agreement designates a foreign seat for arbitration.
Specific Performance of Contracts
This Connect provides a brief overview of the Supreme Court’s judgment in the K.S. Manjunath case which addressed the enforceability of an Agreement to Sell (ATS) against subsequent purchasers and the interpretation of Section 19(b) of the Specific Relief Act.
Labour Code Series – Overview of the Code on Wages, 2019
The second of the series, providing an overview of the Code on Wages, 2019. We will be releasing similar Connects on the remaining two Codes in due course.
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.
Labour Code – Overview of the OSH Code
The first of the series, providing an overview of the Occupational Safety, Health and Working Conditions Code, 2020.
We will be releasing similar Connects on the remaining three Codes in due course.
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.
Electronic Evidence Certificate under the Evidence Act
This Connect provides a brief overview of the judgement of the Rajasthan High Court in the case of Shwetabh Singhal vs. J.K. and Sons, through Rajendra Kumar Johri others wherein it was held that a certificate under Section 65-B of the Indian Evidence Act must be issued by the person in whose device the original electronic recording was made.
Employment Dispute Arbitrable if Agreed in the Employment Agreement
This Connect provides a brief overview of the judgement of the Calcutta High Court in the Sreepad Bhiwaniwala case where it held that a dispute arising upon termination of an employee, the termination not being termination simpliciter, can be referred to arbitration if the dispute resolution clause in the employment agreement provides for the same.
Final Word on the Bhushan Power Insolvency
The SC upheld JSW’s Resolution Plan for BPSL, emphasizing finality and commercial wisdom. It barred belated claims like EBITDA, cautioning against “hydra heads popping up” and violating the plan’s “clean slate”. The CoC was confirmed to continue existing to monitor implementation.
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.
Conviction cannot be sustained after a Settlement
This Connect provides a brief overview of the judgement of the Supreme Court in the Gian Chand Garg case wherein the court reiterated that once a settlement has been entered into by parties to the matter, conviction under Section 138 of the Negotiable Instruments Act, 1881 cannot be sustained.
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.
Arbitration Clause Prevails Over Exclusive Jurisdiction Clause
This Connect provides a brief overview of the judgement of the Delhi High Court in the case of M/S KLA Const Technologies Pvt Ltd. vs. M/S Gulshan Homz Private Limited wherein it has ruled on its territorial jurisdiction to appoint a sole arbitrator, while emphasizing the harmonious interpretation of contractual clauses specifying multiple prospective seats.
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.
Employer Cannot Deny Maternity Benefit To Contractual Employees
This Connect provides a brief overview of the judgement of the Odisha High Court in the Anindita Mishra case where it held that a woman cannot be denied maternity benefit on the grounds of her employment being contractual. The Court further held that denying a contractual employee her right to maternity benefit was violative of Article 14 of the Constitution of India.
Denial of Public Employment on the Ground of Hepatitis B Illegal
This Connect provides a brief overview of the Kerala High Court’s judgement on the denial of public employment to an individual affected by Hepatitis B. The court held that the denial of public employment was illegal, unfair, and unjustifiable and constitutes a violation of the Right to Equality under Article 14 of the Constitution of India.
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.
Communicating Officer’s Annual Confidential Reports Essential
The Supreme Court held in R.S. Kadian v. Ajay Kumar Bhalla and Another held that failure to communicate Annual Confidential Reports on time deprives an opportunity to an officer to make a representation or improve work performance and consequent denial of promotion on the ground of such reports is legally unsustainable.
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.
Court’s Powers to Modify Arbitral Awards
This Connect provides a brief overview of the Supreme Court’s judgment on the extent of court’s powers to modify an arbitral award. The SC bench, by a 4:1 majority, held that the courts hold limited powers to modify an award.
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.
Validity of Restrictive Covenant & Liquidated Damages In Employment Contract
The Supreme Court in Vijaya Bank and Another v. Prashant B Narnaware, held that a restrictive covenant in an appointment letter requiring an employee to serve for a minimum period and pay liquidated damages upon premature resignation is not in restraint of trade nor is it opposed to public policy or violative of Articles 14 and 19 of the Constitution.
Arbitration Clause in Invoice Binds Parties, if Unchallenged
The Bombay High Court, in Sanjiv Manmohan Gupta case, held that if correspondence included an arbitration clause in the invoices and parties acted on them without protest, acceptance of the clause is implied. This Connect analyses the judgment and reasoning of the Bombay High Court.
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.
Evidence Proving Employer-Employee Relationship
The Kerala High Court (HC), in the case of Sakkir Hussain vs Binu Madhu, held that it can exercise jurisdiction over the order of compensation passed by the Commissioner when there is lack of evidence to prove the existence of an employer-employee relationship.
Writ Jurisdiction Inapplicable to Violations of Service Rules.
The Madhya Pradesh High Court, in Vikram Singh v. Union of India and others, held that violation of service rules does not fall within the purview of violation of discharge of public functions. Therefore, any action taken by a private company against its employee would not come within the purview of its writ jurisdiction.
Ahmedabad Civil Court on Resignation Without Serving Notice Period
An Ahmedabad Civil Court, in Jensen Kobain Solution Pvt. Ltd vs. Mariya Kaushik Rajput case held that an employer is entitled to recover damages from the employee for resigning from her job without serving her notice period, and for her unexplained absenteeism.
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.
Courts Must Pass Reasoned Orders in ex parte Proceedings
The High Court of Kerala, in Sajeevan Swamy case, held that in ex-parte proceedings, the Court can issue an order in favour of the present party only if they prove their rights or the opposite party’s liability. This Connect analyses the judgment and reasoning of the Kerala High Court.
Limited Jurisdiction of POSH Internal Committee
This Connect provides a brief overview of the judgement of the Kerala High Court in the Hareesh M.S. case, wherein it held that Internal Committee cannot proceed with a compliant if the allegations made in it does not constitute sexual harassment.
Stigmatic Termination Only After Enquiry
The Chhattisgarh High Court in Yaad Das Sahu v. State of Chhattisgarh and others held even for contractual employment, if any stigmatic order is to be passed, it must be done only after holding proper enquiry and giving due opportunity of hearing to the concerned employee.
Leave Encashment is a Statutory Right
The Gujarat High Court, in Ahmedabad Municipal Corporation vs. Sadgunbhai Semulbhai Solanki case held that depriving a person of their leave encashment which is equivalent to salary violates their constitutional right.
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.
Once Accepted Voluntary Retirement Cannot Be Cancelled
The Delhi High Court in Baikuntha Nath Das v. Union of India and Others held that .voluntary retirement cannot be cancelled once accepted.
Writ not Maintainable when Alternative Remedy is Available
The Allahabad High Court in Mahendra Singh Kanwal case, held that the Controlling Authority under the Payment of Gratuity Act ,1972, is responsible for resolving gratuity-related disputes requiring factual inquiries. It directed the four employees to pursue remedies before Authority. This Connect analyses the judgment and reasoning of the Allahabad High 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.
Burden of Proof of a Workman’s Service Period
The Rajasthan High Court in the Giriraj vs Regional Forest Officer and Anr case, held that the burden lies on the workman to prove that their service period was 240 days, and no adverse inference can be drawn against the employer for failure to produce records against the workman’s service period.
Supreme Court on Posh Law Implementation
This Connect provides a brief overview of the judgement of the Supreme Court in the Aureliano Fernandes case, wherein it laid down guidelines for better implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Unilateral Appointment of Arbitrator Open to Challenge
The Madras High Court, in Saraj Jyoti Dey and Another Vs. M/s. IndusInd Bank Limited, held that any right to unilateral appointment of arbitrator is open to challenge under the Arbitration and Conciliation Act, 1996 and that the court can rectify this error.
Insufficiently Stamped Document Inadmissible unless Deficiency is Rectified
The Supreme Court in Bidyut Sarkar case, held that an insufficiently stamped document can only be admitted into evidence after the deficiency in stamp duty and any applicable penalty has been paid. This Connect analyses the judgment and reasoning of the Supreme Court.
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.
Definition of Workman Explained
This Connect provides a brief overview of the judgement of the Supreme Court in the Lenin Kumar Ray case, wherein it explained the definition of workman and its exclusions under the Industrial Disputes Act, 1947.
Abandonment of Service is Cause for Termination of Employment
The Supreme Court in Life Insurance Corporation of India & Ors. v. Om Prakash case held that abandonment of service by an employee is a fit cause for termination of his employment.
Non-Compete Obligations Void upon Contract Termination
Bombay High Court in Indus Power Tech Inc case, held that while non-compete clauses are valid during an agreement’s existence, they become void after the termination as they restrain trade. This Connect analyses the judgment and reasoning of the Bombay High Court.
Tenancy Rights not Extinguished Unless Stated in New Law
The Supreme Court in Rajesh Mitra alias Rajesh Kumar Mitra and Another v. Karnani Properties Ltd. case held that a new statute cannot retrospectively extinguish rights accrued under a previous law unless there is a clear and unambiguous intention to do so in the new statute.
Rights of Employers to Transfer Employees
This Connect provides a brief overview of the judgement of the Supreme Court in the Divgi Metal case, wherein it upheld employer’s right to transfer its employees based on the terms of their appointment and confirmation letters, even if those terms differed from the statutory Standing Orders.
Specific Reference to Arbitration Clause in the Case of Multiple Contracts
Supreme Court, in NBCC (India) Limited case, held that arbitration clause from another contract must be specifically referenced in the main contract for it to apply. This Connect analyses the judgment and reasoning of the Supreme Court.
Employer’s Liability for Abetment of Suicide
This Connect provides a brief overview of the judgement of the Supreme Court in the Nipun Aneja case, whereby it clarified the legal standard for abetment of suicide in cases involving official superiors and employer.
Drivers are Employees of Ride-Hailing Companies for POSH Act
The Karnataka High Court in X v. Internal Complaints Committee, Ani Technologies Private Limited and Others case held that the drivers of Ola taxis are employees for the purpose of POSH Act.
Termination of Contractual Employee for Misconduct
The Supreme Court, in U.P. State Road Transport Corporation & Ors. V. Brijesh Kumar & Anr case held that when the termination of a contractual employee is stigmatic (i.e., on grounds of misconduct), the principles of natural justice has to be followed
Stamp Duty not payable on an Agreement of Sale since it merges into the Sale Deed
In Smt. Nagamma and Others v. Rudrayya and Others, the Karnataka High Court held that once a sale deed has been duly executed and stamped, the agreement of sale should no longer be independently subject to stamp duty.
Amended IT Rules on Fact Check Units Ultra Vires
This Connect provides a brief overview of the judgement of the Bombay High Court in the Kunal Kamra case, wherein the Court held that the amendment to the IT Rules allowing the Central Government to establish fact check units for ‘fake news’ is ultra vires the Information Technology Act, 2000.
High Court on Employee’s Voluntary Resignation
The Guwahati High Court Rangan KR Nath vs Union of India case held that an employee’s voluntary resignation can be accepted only when it is not conditional, is clear, unambiguous, and unequivocal.
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.
Certain Foreign Court Judgements Non-Binding
This Connect provides an overview of the judgement of the Supreme Court in the Rohan Rajesh Kothari case, wherein the apex court reiterated that a foreign judgement which breaches any law in India is not binding on Indian courts.
Re-Litigation of Issues Impermissible under Arbitration Act
The Delhi High Court, in Krishan Kumar and Another case, held that Section 34 of Arbitration and Conciliation Act, 1996 is not meant for litigants to avoid participating in arbitration knowingly and then attempt to “seek a second bite at the arbitral cherry.” This Connect analyses the judgment and reasoning of the High Court