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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Supreme Court on Inclusion of Conveyance Allowance in Wages

Reading Time: 3 Minutes

Supreme Court in ESIC v. Texmo Industries held that conveyance allowance paid to an employee shall not be included while calculating ‘wages’ under the ESI Act. This Connect highlights the reasoning given by the court, which has been accepted by the ESIC.

Jan 10, 2022

Bombay HC on Mandating RT-PCR Tests of Unvaccinated Employees

Reading Time: 3 Minutes

The Bombay High Court, in Deepak Kumar Radheshyam Khurana and Ors. vs. Mumbai Port Trust and Ors. case upheld a circular issued by Mumbai Port Trust. It held that RT-PCR tests for unvaccinated employees is a reasonable restriction on their fundamental rights.

Jan 3, 2022

SC on Entitlement to Gratuity

Reading Time: 3 Minutes

The Supreme Court in the recent case of G.B. Pant University of Agriculture and Technology, held that an employee who exercises an option provided under the University's statute to extend their retirement age would not be deprived of their entitlement to gratuity unless there is an express exemption under the Payment of Gratuity Act, 1972.

Dec 27, 2021

SC on Evidentiary Value of Written Instruments

Reading Time: 3 Minutes

Supreme Court, in V. Anantha Raju v. T.M. Narasimhan, held that when parties put their agreement into writing, it is presumed to be full and final statement of intention. Written instruments are entitled to much higher degree of credit than parol (or oral) evidence.

Dec 20, 2021

Allahabad HC on Regularization of Workman

Reading Time: 2 Minutes

The Allahabad High Court in Bipin v. Union of India reiterated that when a workman is employed on casual basis for a particular project, his/her can end when the project was over and, he cannot seek permanency. This Connect highlights the reasoning given by the court

Dec 13, 2021

Acceptance of Conditional Offer

Reading Time: 3 Minutes

Supreme Court, in Padia Timber Company (P) Ltd. v. Board of Trustees of Visakhapatnam Port Trust upheld here that acceptance of an offer is the cardinal principle of law of contract. If the acceptance is conditional, the offer may be withdrawn at any time till the absolute acceptance of the offer. This Connect summarises the judgment and its ratio.

Dec 6, 2021

Supreme Court on Notice of Change in Service Conditions on Transfer of Employees

Reading Time: 2 Minutes

The Supreme Court, in the case the Capro Engineering India, opined that notice of change under Section 9A of the Industrial Disputes Act, 1947 must be issued preceding the transfer of workmen if it results in change in working conditions. This Connect explains the rationale of the judgment.

Nov 29, 2021

SC on Waiver of Interest Under Contract Act

Reading Time: 3 Minutes

The Supreme Court, on 4th October 2021, upheld the validity of Exception 1 to Section 28 of the Indian Contract Act, 1872 in Garg Builders vs. BHEL case by stating that parties can contract out of receiving interest on monies due under the said contract.

Nov 22, 2021

Bombay High Court on Post-Contractual Obligations

Reading Time: 3 Minutes

The Bombay High Court, in a fact-centric judgment, evaluates the post-contractual obligations of confidentiality, non-compete and non-solicitation in contracts. Although these clauses are common in commercial arrangements, the party seeking to enforce them must demonstrate that they are permissible under applicable legislation.

Nov 15, 2021

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