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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Delhi High Court on Applicability of POSH Act

Reading Time: 2 Minutes

The Delhi High Court in the Dr. Sohail Malik case where it clarified that the POSH Act applies to employees from different departments and emphasized on its broad applicability. This Connect highlights the reasoning and judgement passed by the court.

Jul 17, 2023

Gujarat High Court on Termination of Trainee

Reading Time: 2 Minutes

The Gujarat High Court in the Barad Vajesing Rambhai vs. Gujarat Heavy Chemicals Ltd., held that termination of a trainee on the completion of an extended training period does not amount to retrenchment. This Connect highlights the reasoning and judgement passed by the court.

Jul 10, 2023

Supreme Court on Simple Breach of Contract

Reading Time: 3 Minutes

Supreme Court in Sarabjit Kaur v. The State of Punjab & Anr. case, held that a simple breach of contract does not qualify as cheating for purposes of criminal prosecution. This Connect highlights the judgment and reasoning of the court.

Jul 3, 2023

Himachal Pradesh High Court on Maternity Benefits

Reading Time: 2 Minutes

The High Court of Himachal Pradesh, in the case of State of Himachal Pradesh v. Sita Devi, held that maternity leave is a fundamental right under Article 29 (Protection of interests of minorities) of the Indian Constitution. This Connect highlights the judgment and reasoning of the court.

Jun 26, 2023

Gauhati HC on Treatment of Special Allowance

Reading Time: 3 Minutes

The Gauhati High Court, in the Numaligarh Refinery Ltd. and Others vs. Workmen Rep. by The General Secretary, Petroleum Refiners Union, Numuligarh Refinery, Golaghat case, held that special allowance paid to workmen does not form part of the ‘ordinary rate of wages’ while calculating overtime wages. This Connect highlights the judgment and reasoning of the court.

Jun 19, 2023

Punjab High Court on Employee’s Minimum Service Requirement

Reading Time: 2 Minutes

In the case of Anil Kumar vs. Presiding Officer, the Division Bench of the Punjab High Court concluded that if an employee fails to resume their duties despite receiving multiple notices from the employer, it can be considered abandonment of employment. The court also ruled that the employer is only obligated to conduct an inquiry into the employee's behavioral issues or absenteeism if the employee has completed a minimum of 240 days of service under the Industrial Disputes Act, 1947.

Jun 12, 2023

Supreme Court on Implementation of POSH Act

Reading Time: 4 Minutes

The Supreme Court of India in the Aureliano Fernandes case while determining the validity of a POSH inquiry, gave directions to all employers to ensure effective implementation of the POSH Act.

Jun 5, 2023

Delhi HC on Employer’s Duty to Constitute Internal Committee under the POSH Act

Reading Time: 2 Minutes

The Delhi High Court in Fauzia Rubbani vs. Delhi Woman Commission & Ors., took a stern view against the employer’s failure to constitute the Internal Committee under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

May 29, 2023

Bombay High Court on Rights of Transgender Persons

Reading Time: 2 Minutes

The Bombay High Court in the case of X v. The Dean, directed educational institutions in Maharashtra to permit transgender individuals to change their name and gender in official documents and certificates.

May 22, 2023

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