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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Allahabad HC on Determination of ‘Workman’

Reading Time: 3 Minutes

Allahabad High Court, in the Leayan Global Private Limited v. Presiding Officer and Ors. case, where a workman was terminated on the grounds of his work being supervisory or managerial in nature, held that the nature of work of a person is determined based on the principal duties and not on ancillary tasks such as allocation of work to other employees or approving leave permissions.

Nov 7, 2022

Kerala HC on Termination of Contractual Employee

Reading Time: 2 Minutes

The Kerala High Court in the Kerala Medical Services Corporation case held that termination of an employee for non-performance in the absence of an employment contract will constitute as retrenchment. This Connect highlights the facts, order, and reasoning of the High Court.

Oct 31, 2022

Madras HC on Renomination under Employees’ Pension Scheme

Reading Time: 2 Minutes

Madras High Court in R. Ramalingam case allowed the employee to nominate one of his family members subsequent to death of his wife (nominee) to receive the benefit of 10% return of the capital on his death.

Oct 24, 2022

Delhi High Court on Denial of Maternity Benefit

Reading Time: 3 Minutes

The Delhi High Court, in the Asia-Pacific Institute of Management case, held that maternity benefit can only be denied to an employee if her dismissal was on account of serious misconduct. The court also held that any contract of service between an employer and employee which contracts out of the provisions of the Maternity Benefit Act, 1961, is contrary to law.

Oct 17, 2022

SC on Employment Termination for Suppression of Facts

Reading Time: 4 Minutes

The Supreme Court, in the Satish Chandra Yadav v. Union of India case, where a police was terminated from services on the ground of suppression of facts or providing of false information at the time of recruitment, held that the decision to terminate him is at the discretion of the employer and is a valid ground for termination.

Oct 10, 2022

SC on Reinstatement and Back Wages.

Reading Time: 3 Minutes

The Supreme Court in the Jeetubha case reiterated that the restitutionary approach must be followed by courts while ordering reinstatement and back wages. This Connect highlights the facts, and the reasoning given by the court.

Oct 3, 2022

Supreme Court on Recovery of Excess Payments.

Reading Time: 3 Minutes

Supreme Court, in Thomas Daniel v. State of Kerala and Ors. case, where a claim for recovery of erroneous excess payment was made after ten years post retirement of an employee, held that any payments made by employer by erroneous interpretation of a rule/order, wrongful application of a principle or by wrong calculations are not recoverable.

Sep 27, 2022

Calcutta HC on Absence of Written Arbitration Agreement

Reading Time: 4 Minutes

Calcutta High Court in its recent judgment in the case of Eastern Coalfields Limited V. RREPL-KIPL (JV) observed that there has to be an agreement in writing between the parties to refer the disputes to arbitration and conduct of the parties will not substitute the statutory requirement of an agreement in writing.

Sep 19, 2022

Supreme Court On Reinstatement In Case Of Acquittal

Reading Time: 3 Minutes

The apex court in the Phool Singh case recently held that acquittal in a criminal case was not a ground for setting aside the penalty which was imposed in the course of the disciplinary enquiry. Hence, reinstatement of employment only on the ground of acquittal in criminal proceedings was not warranted.

Sep 12, 2022

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