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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Governmental Blacklisting of Contractors

Reading Time: 2 minutes

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

May 11, 2026

Abandonment of Service not Voluntary Retirement

Reading Time: 4 minutes

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.

May 4, 2026

Enquiry Invalid In The Absence of Due Process

Reading Time: 2 minutes

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.

Apr 27, 2026

Limit of Surety’s Liability Upon Variation of Guarantee

Reading Time: 3 minutes

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.

Apr 20, 2026

Contractual and Statutory Limits of Interest in Arbitration

Reading Time: 3 minutes

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.

Apr 13, 2026

Employee Defamation Claims

Reading Time: 2 minutes

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.

Apr 6, 2026

Termination Valid On Acceptance of Notice Pay

Reading Time: 2 minutes

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.

Mar 31, 2026

Probationary Termination and Workman Status

Reading Time: 2 minutes

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.

Mar 23, 2026

Employer’s Refusal To Accept Resignation amounts to Bonded Labour

Reading Time: 2 minutes

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.

Mar 16, 2026

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