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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Patna High Court on Reinstatement with Back Wages

Reading Time: 3 Minutes

The High Court of Patna affirmed a ruling by a Single Judge in the case of The Chairman, Uttar Bihar Gramin Bank and Ors. v. Ramendra Prasad Gauro, where the employer was directed to reinstate its employee with back pay. This was because Uttar Bihar Gramin Bank had committed a breach of statutory provisions and principles of natural justice by neglecting to take into account the employee's response to its enquiry order.

Mar 14, 2023

KAR HC on Employee’s Unauthorized Long Absence

Reading Time: 2 Minutes

Karnataka HC in M Manjunatha v. Karnataka State Road Transport Corporation case, where an employee remained unauthorizedly absent for a period of 52 days only and therefore claimed that the quantum of punishment imposed on him was excessive, HC held that unauthorized absence of employee for a long period of 15 months is grave misconduct and dismissal is proportionate penalty.

Mar 6, 2023

Karnataka HC on Better Service Conditions in Employment

Reading Time: 3 Minutes

Karnataka HC, in the Karnataka State Medical and Sales Representatives Association and Ors. v. Astra Zeneca Pharma India Ltd. case, where an employee claimed that he was not provided accommodation and his legitimate expectation of better service conditions was violated, held that employees are barred from alleging better service conditions post acceptance of appointment letter.

Feb 27, 2023

Delhi HC on Court’s Intervention on Employee Transfers

Reading Time: 2 Minutes

Delhi High Court in the case of Divya Jain V. State Bank of India and others held that transfer of an employee cannot be interfered with by the court unless it is mala fide.

Feb 20, 2023

Bombay High Court on Termination During Probation

Reading Time: 3 Minutes

The High Court of Bombay in the case of The Management of Manganese Ore (India) Ltd. vs. Naseem Ahmad, held that termination of an employee on their probation period on the grounds of non-performance is not stigmatic, provided they were given ample opportunities for improvement.

Feb 13, 2023

Calcutta High Court on Sexual Harassment at Workplace

Reading Time: 3 Minutes

The High Court of Calcutta in the Pawan Kumar case held that all cases of sexual harassment at workplace must be investigated as per the Sexual Harassment of Woman at Workplace (Prevention. Prohibition and Redressal) Act, 2013. This Connect highlights the reasoning and judgement passed by the court.

Feb 6, 2023

SC on Production of Original Power of Attorney During Registration

Reading Time: 3 Minutes

Supreme Court in the case of Amar Nath V. Gian Chand and Another held that production of original power of attorney at the time of registration of any other document is not necessary under the Registration Act.

Jan 30, 2023

Kerala HC on Essentials of ICC Hearing in Posh Complaint

Reading Time: 4 Minutes

Kerala High Court in The Managing Director, HDFC Standard Life Insurance Company Ltd. & Ors. v. Suresh Babu and Anr. case, where an employee was terminated from his services for sexually harassing employees at workplace, opined on the essentials of ICC Hearing in a POSH complaint. While it held that failure to cross-examine witnesses in the presence of respondents did not amount to violation of principles of natural justice, for other reasons it directed the ICC to re-conduct inquiry and gave specific directions.

Jan 23, 2023

Bombay HC on Disclosure of Legal Opinion in Court

Reading Time: 3 Minutes

Bombay High Court in Anil Vishnu Anturkar V. Chandra Kumar Popatlal Baldota held that the legal communication between an advocate and client is privileged and the advocate’s obligation not to disclose it will continue even after the employment of the professional has ceased.

Jan 16, 2023

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