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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Survival of Arbitration Clause Post Expiry of Contract

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Judicature at Allahabad , in the case of Banaras Hindu University, Varanasi through its Registrar Vs. Versus M/s Umang Cure Private Limited and 3 others wherein it partially allowed an appeal and set aside an interim injunction order. The Court reaffirmed that an arbitration agreement does not necessarily perish with the expiry of a contract if the parties continue their relationship through conduct.

Feb 9, 2026

Complainant’s Internal Committee Has Jurisdiction Over Non-Employee Respondent

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Supreme Court (SC) in the Dr. Sohail Malik case, where it made a wider interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and held that the Internal Committee of the workplace of the aggrieved woman/complainant has jurisdiction to inquire into the complaint even if the respondent is not an employee of the complainant.

Feb 2, 2026

Arbitration Clause in Expired Parent Lease Inapplicable to Fresh Lease

Reading Time: 3 minutes

This Connect provides a brief overview of the order of the Calcutta High Court in the New India Assurance Company Limited case where it examined whether a dispute concerning specific performance of an alleged concluded contract for execution of a fresh lease is liable to be referred to arbitration as per the Arbitration and Conciliation Act, 1996, on the strength of an arbitration clause contained in the expired Parent Lease deed

Jan 26, 2026

Eligibility of Arbitrator when Former Employee

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Jammu & Kashmir and Ladakh, in the case of Union Territory of J&K v. M/s SRM Contractors Ltd., wherein it reaffirmed that a person’s past professional relationship as an employee of a party does not, by itself, attract the disqualifications under Section 12(5) and the Seventh Schedule of the Arbitration and Conciliation Act, 1996.

Jan 19, 2026

Employer-Employee Relationship

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Delhi in the Indraprastha Gas case, wherein it determined that the initial burden of proof of employer-employee relationship lies with the claimant and held that the Labour Court had acted beyond its jurisdiction by declaring a third-party contract a sham and camouflage in the absence of specific pleadings.

Jan 12, 2026

Labour Code Series # 4 – Code on Social Security 2020

Reading Time: 3 minutes

The fourth of the series, providing an overview of the Code on Social Security, 2020.

Jan 9, 2026

Employer Cannot Terminate Employee For Being HIV Positive

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Delhi High Court (HC) in the ABC case where it held that termination of an employee solely for being HIV positive is unlawful and violative of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 and the Rights of Persons with Disabilities Act, 2016.

Jan 5, 2026

Labour Code Series No. 3 – Industrial Relations Code, 2020

Reading Time: 3 minutes

The Third of the series, providing an overview of the Industrial Relations Code, 2020. We will be releasing similar Connect on the Code on Social Security, 2020 in due course.

Dec 31, 2025

Termination for Forged Employment Credentials

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Division Bench of the High Court of Karnataka in the Malurappa case, wherein it has affirmed that a dismissal from service is justified when an appointment is procured through forged educational certificates, as such fraudulent acts constitute misrepresentation and create no equity in favour of the employee regardless of their length of service.

Dec 29, 2025

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