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.

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Stigmatic Termination Only After Enquiry

Reading Time: 2 minutes

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.

Feb 17, 2025

Leave Encashment is a Statutory Right

Reading Time: 2 Minutes

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.

Feb 10, 2025

Mere Registration does not validate a Will

Reading Time: 2 minutes

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.

Feb 3, 2025

Once Accepted Voluntary Retirement Cannot Be Cancelled

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The Delhi High Court in Baikuntha Nath Das v. Union of India and Others held that .voluntary retirement cannot be cancelled once accepted.

Jan 27, 2025

Writ not Maintainable when Alternative Remedy is Available

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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

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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

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