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 Criminal Proceedings Against Company Directors & Officers

Reading Time: 4 Minutes

The Supreme Court in Dayle De’Souza case held that in matters of offences by companies, the onus of proof shifts to the accused officer of the Company only when the prosecution has discharged its burden of proving that the officer was in-charge and responsible. This Connect highlights the reasoning in order of the court.

Nov 8, 2021

Delhi High Court on Jurisdiction of Local Committee Under POSH Act

Reading Time: 3 Minutes

The Delhi High Court held that the secretary of an academy, who is the alleged perpetrator, fell within the meaning of the term ‘employer’ and therefore the Local Committee (and not the Internal Committee) will have jurisdiction to handle the complaint under POSH Act.

Nov 1, 2021

SC on Jurisdiction of Civil Courts in Industrial Disputes

Reading Time: 3 Minutes

The Supreme Court in Milkhi Ram v. Himachal Pradesh State Electricity Board held that Civil Courts do not have jurisdiction to hear matters relating to the Industrial Disputes Act and such matters must be referred to the Industrial Tribunal. This Connect highlights the reasoning and order given by the Court.

Oct 25, 2021

Bombay High Court on Confidentiality Guidelines in POSH Matters

Reading Time: 3 Minutes

The Bombay High Court has issued guidelines for handling and hearing cases relating to prevention of sexual harassment of women at workplace (POSH). The guidelines mandate anonymity of parties, non-disclosure of proceedings and filing and handling such cases. This Connect summarizes the guidelines which will also be useful for POSH Internal Committees

Oct 18, 2021

Note on Front-of-Pack Labelling of Foods

Reading Time: 3 Minutes

The Labeling and Display Regulations, 2020 of the, Food Safety and Standards Authority of India (“FSSAI”) will be coming into force from November 2021 and January 2022. This Connect briefly explains the changes that can have a favourable impact on the consumers of packaged foods.

Oct 11, 2021

Supreme Court on Employee’s Withdrawal of Resignation

Reading Time: 3 Minutes

The Supreme Court in the recent case of New Victoria Mills rejected an employee's argument on right to withdraw resignation and observed that mere delay in relieving an employee from his duties does not impact the acceptance of his resignation.

Oct 5, 2021

Supreme Court on Reinstatement after Wrongful Termination

Reading Time: 3 Minutes

The Supreme Court of India held that courts can deviate from the rule of automatic reinstatement in case of wrongful termination. This Connect analyses the judgement and comments on the paradigm shift in the apex court’s views that where compensation will meet ends of justice, reinstatement and back wages may not be awarded.

Sep 27, 2021

Supreme Court on Employer’s Right to determine Suitability of Candidate

Reading Time: 2 Minutes

The Supreme Court held that employers have the element of latitude or choice in determining who they recruit. Although the judgement largely explores this in the context of public service, this principle can also be applied to employers in private establishments.

Sep 21, 2021

Supreme Court on Retrospective Effect of Amendment to the Gratuity Act

Reading Time: 3 Minutes

The Supreme Court, in the case of Krishna Gopal Tiwary, has observed that 2010 amendment of Payment of Gratuity Act 1972, which raised the upper limit of gratuity payable under Section 4 of the Act to Rupees 10 lakh, cannot have retrospective effect.

Sep 13, 2021

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