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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SC on Waiver of Liquidated Damages

Reading Time: 4 Minutes

Supreme Court, in the Welspun Specialty Solutions Limited and Ors. v. Oil and Natural Gas Corporation Ltd. and Ors. case, where a claim for liquidated damages (“LD”) was made post waiver of such claim, held that on waiver of LD, a subsequent claim cannot be made unless the other party expressly accepts the imposition.

May 16, 2022

SC on Claiming Damages in Lieu of Specific Performance

Reading Time: 3 Minutes

The Supreme Court, in the case of Universal Petro-Chemicals Ltd. v. B. P. Plc. and Others, rejected a claim for damages raised in lieu of specific performance of a contract, and held that compensation must not be decreed unless it has been specifically sought in the plaint.

May 9, 2022

Madras HC on ESI Contributions for Apprentices

Reading Time: 3 Minutes

The High Court of Madras, in Kandagiri Spinning Mills Ltd. v. The Regional Director, ESI Corporation held that a company is not liable to pay ESI contributions on apprentices it has engaged if done so under the Standing Orders. This Connect highlights the ratio of judgement of the High Court.

May 2, 2022

Delhi Hc On Liquidated Damages In Contract Breach

Reading Time: 3 Minutes

Delhi High Court, in Bhopal Dal Udyog v. Food Corporation of India case, in a claim of liquidated damages when actual damages were proven and ascertained, held that liquidated damages cannot be paid over and above ascertained actual damages

Apr 25, 2022

Delhi High Court on Maternity Benefit to Ad-Hoc Employee

Reading Time: 3 Minutes

The Delhi High Court, in the case of Dr. Baba Saheb Ambedkar Hospital vs Dr. Karti Mehrotra, where claim of maternity benefit was made by a contractual employee employed on ad-hoc basis, held that the employee is entitled to maternity benefits beyond the term of contract if conception of pregnancy takes place during the period of contract of employment and where other eligibility conditions were met.

Apr 18, 2022

EPF- Disputed Demands & Attaching Accounts

Reading Time: 4 Minutes

Of late, many employers have received notices from the Employees Provident Fund Organization alleging shortfall in PF contributions. This Connect highlights the impact of the demands by the field formations and resulting coercive recovery actions against the employers.

Apr 11, 2022

Supreme Court on Abandonment of Contract

Reading Time: 3 Minutes

Supreme Court, in Shripati Lakhu Mane v. The Member Secretary, Maharashtra Water Supply And Sewerage Board case, laid down the principles on the law of contract relating to ‘abandonment’ and differentiated between abandonment as a right vs. abandonment as a liability or obligation.

Apr 4, 2022

Gujarat HC on Ending Fixed-Term Employment

Reading Time: 2 Minutes

The High Court of Gujarat in Rajendrabhai Chandubhai Gondaliya case held that an employee is entitled to retrenchment benefits under the Industrial Disputes Act, 1947 only if his separation falls within the definition of retrenchment under the Act.

Mar 28, 2022

Supreme Court On Reinstatement With Back Wages.

Reading Time: 2 Minutes

The Supreme Court in National Gandhi Museum v. Sudhir Sharma, held that when evaluating whether an employee has discharged their burden to prove they are not gainfully employed, it is to be decided on the facts and circumstances of each case. The SC further prescribed that reinstatement of an employee after he has lost confidence of the management is not justified. This Connect analyses this judgment.

Mar 21, 2022

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