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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Labour Code Series #5 -Overview on Employees’ Provident Funds Scheme, 2026

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The fifth of the series, providing an overview of the Employees’ Provident Funds Scheme, 2026. The Ministry of Labour and Employment had notified the Employees’ Provident Funds Scheme, 2026 (Scheme) on 29 June 2026, repealing the Employees' Provident Funds Scheme, 1952. While the Code on Social Security, 2020 (CSS) had come into force on November 21, 2025 and had subsumed the Employees' Provident Funds and Miscellaneous Provisions Act, 1952, reliance had to be placed on the erstwhile Employees' Provident Funds Scheme, 1952, in the absence of the finalized rules and applicable schemes. This Scheme aims to shed more clarity and address compliance requirements in alignment with the CSS

Jul 13, 2026

Legislative Power to Amend and Override

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This Connect provides an overview of the Supreme Court's judgment in the Rajesh Sharma case, in which it reaffirmed that the existence of subordinate regulations cannot fetter the legislature’s power to amend a parent statute and override inconsistent regulations.

Jul 6, 2026

No Adjudication of Disputed Entitlements

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of Delhi High Court , in the case of Allahabad Bank vs. R.S. Saini, wherein the HC reaffirmed that proceedings under Section 33C(2) of the Industrial Disputes Act, 1947 (ID Act) are limited to the computation of existing rights and cannot be used to adjudicate a disputed entitlement that has not been previously recognized.

Jun 29, 2026

State’s Inherent Power to Blacklist

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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.

Jun 22, 2026

Indefinite Suspension Impermissible

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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.

Jun 15, 2026

Non-compete Clause in an Employment Agreement Void

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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.

Jun 8, 2026

Termination Without Proof of Service of Order Invalid

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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.

Jun 1, 2026

Withholding Relieving Letter For Breach

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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.

May 25, 2026

No Automatic Permanency of Probationers

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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.

May 18, 2026

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