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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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

Orissa High Court on Definition of Workman

Reading Time: 2 Minutes

The High Court of Orissa while setting aside an order of the Labor Court of Bhubaneshwar in the Express Publication case strictly interpreted the definition of workman working in supervisory capacity. This Connect highlights the reasoning and judgement passed by the court.

Jan 9, 2023

Digital Personal Data Protection Bill, 2022 – An Analysis Part II

Reading Time: 5 Minutes

This Connect is Part II in the series that summarises the key features of the Digital Personal Data Protection Bill, 2022, which was issued by the Union Ministry of Electronics and Information Technology, on November 18, 2022. The Bill seeks to establish a consolidated framework for data protection in India, and details rights and duties of Data Principals and compliance obligations of Data Fiduciaries.

Jan 2, 2023

Digital Personal Data Protection Bill – An Analysis (Part I)

Reading Time: 5 Minutes

On November 18, 2022, the Union Ministry of Electronics and Information Technology released the Digital Personal Data Protection Bill, 2022 (Bill) for public consultation. This Bill seeks to provide a comprehensive framework for the processing of digital personal data. In two parts, Counselence Connect will analyse the Bill. Part I yields its focus to the salient features of the Bill with respect to Chapter I (Preliminary) and Chapter II (Obligations of Data Fiduciary). Part II, which will be released next week, will summarise the Bill in the context of Chapters III-VI.

Dec 26, 2022

Permission For Retrenchment– The Common Misconception

Reading Time: 2 Minutes

In light of large-scale separations by some tech companies, the Minister of Labour informed the Parliament that employers must take "prior permission" from the appropriate government in order to carry out the terminations. As per the Industrial Disputes Act, 1947, retrenchment in compliance with the conditions precedent in Section 25F is final. This CEC assesses the legal position vis-à-vis the Minister's views.

Dec 19, 2022

Karnataka HC on Retirement Age of Workmen

Reading Time: 4 Minutes

Karnataka High Court, in The Management of Grasim Industries Ltd. v. The General Secretary, Harihar Polifibers Employees’ Union and Ors. case, where the industry challenged the enhancement of retirement age from 58 years to 60 years, held that the retirement age of workmen in the industrial sector has been enhanced based on the increased life expectancy and improvement in medical sciences and as a necessity based on the present circumstances.

Dec 12, 2022

Supreme Court on Constitutional Validity of Pension Amendment

Reading Time: 4 Minutes

Supreme Court (“SC”) in The Employees Provident Fund Organisation and Others V. Sunil Kumar B., on 4th November 2022 upheld the constitutional validity of the 2014 amendment to the Employee Pension Scheme capping the maximum pensionable salary at Rs. 15,000 a month.

Dec 5, 2022

Tripura High Court on Denial of Hearing by POSH Committee

Reading Time: 2 Minutes

Tripura High Court, in the case of Shila Debnath vs. National Institute of Technology, while ordering from fresh inquiry of a POSH complaint, held that deviation from laid-down procedure including giving the aggrieved woman an opportunity of being heard is a ground to render the IC proceedings invalid. This Connect highlights the reasoning and judgement passed by the court.

Nov 28, 2022

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