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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Copyright Licensing by Societies

Reading Time: 3 minutes

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.

Jun 23, 2025

ESI Contribution Mandatory for Covered Establishments

Reading Time: 3 minutes

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.

Jun 16, 2025

Brief on the Karnataka Gig Workers Ordinance

Reading Time: 2 minutes

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.

Jun 9, 2025

High Court on Existence of Industrial Disputes

Reading Time: 2 minutes

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.

Jun 2, 2025

Validity of Restrictive Covenant & Liquidated Damages In Employment Contract

Reading Time: 4 minutes

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.

May 26, 2025

Arbitration Clause in Invoice Binds Parties, if Unchallenged

Reading Time: 3 minutes

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.

May 19, 2025

Writ Maintainable To Safeguard Existing Right

Reading Time: 4 Minutes

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.

May 12, 2025

Reappointment After Termination To Be Considered Afresh For Pension Calculations

Reading Time: 3 minutes

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.

May 5, 2025

Appointment of Arbitrator under Incomplete MOU

Reading Time: 4 minutes

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.

Apr 28, 2025

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