Counselence Connect - Counselence

Counselence Connect

Our newsletter, Counselence Connect, released every week, gives a crisp, succinct update on changes in laws brought about by actions of legislature, government, and courts. Each Connect will be relevant for corporates and would not take more than 5 minutes to read.

Home / Counselence Connect

Writ not Maintainable when Alternative Remedy is Available

Reading Time: 2 minutes

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.

Jan 20, 2025

Karnataka High Court on Fixing Minimum Wages

Reading Time: 2 minutes

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.

Jan 13, 2025

Burden of Proof of a Workman’s Service Period

Reading Time: 2 minutes

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.

Jan 6, 2025

Supreme Court on Posh Law Implementation

Reading Time: 2 minutes

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.

Dec 30, 2024

Unilateral Appointment of Arbitrator Open to Challenge

Reading Time: 3 minutes

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.

Dec 23, 2024

Insufficiently Stamped Document Inadmissible unless Deficiency is Rectified

Reading Time: 3 minutes

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.

Dec 17, 2024

Delhi High Court on Employment Agreements

Reading Time: 2 minutes

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.

Dec 10, 2024

Definition of Workman Explained

Reading Time: 2 minutes

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.

Dec 2, 2024

Abandonment of Service is Cause for Termination of Employment

Reading Time: 3 minutes

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.

Nov 25, 2024

1 2 3 … 24 →