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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Entitlement To Retiral Benefits

Reading Time: 3 minutes

This Connect provides a brief overview of the Supreme Court judgment in the case of Ashok Kumar Dabas v. Delhi Transport Corporation where it partially allowed an appeal filed by the legal heirs of a deceased employee, Ashok Kumar Dabas. The apex court reaffirmed the legal distinction between resignation and voluntary retirement, holding that while resignation entails forfeiture of past service for pensionary purposes as per Rule 26 of the Payment of Gratuity Rules, 1972, it does not deprive an employee of statutory gratuity.

Mar 9, 2026

Arbitral Interest Rate & Party Autonomy

Reading Time: 2 minutes

This Connect provides a brief overview of the December 2025 judgement of the Supreme Court of India in the BPL Limited case, wherein it affirmed the primacy of party autonomy in determining arbitral interest rate under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996.

Mar 2, 2026

Ex-Parte Decree Invalid Without Proper Service Of Summons

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the High Court of Rajasthan in the Devkrishna and Others case where it examined whether an ex-parte decree can be sustained where summons was allegedly refused but the Process Server and Witnesses were not examined to verify valid service under the Code of Civil Procedure, 1908.

Feb 23, 2026

Labour Court Must Confine Itself Strictly To The Terms Of The Reference

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the High Court of Kerala, in the Lunar Rubbers and Viking Rubbers case, wherein it held that the Labour Court must confine its adjudication strictly to the dispute referred to it and cannot adjudicate upon matters which go beyond the scope of the reference made under the provisions of the Industrial Disputes Act, 1947.

Feb 16, 2026

Survival of Arbitration Clause Post Expiry of Contract

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Judicature at Allahabad , in the case of Banaras Hindu University, Varanasi through its Registrar Vs. Versus M/s Umang Cure Private Limited and 3 others wherein it partially allowed an appeal and set aside an interim injunction order. The Court reaffirmed that an arbitration agreement does not necessarily perish with the expiry of a contract if the parties continue their relationship through conduct.

Feb 9, 2026

Complainant’s Internal Committee Has Jurisdiction Over Non-Employee Respondent

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Supreme Court (SC) in the Dr. Sohail Malik case, where it made a wider interpretation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and held that the Internal Committee of the workplace of the aggrieved woman/complainant has jurisdiction to inquire into the complaint even if the respondent is not an employee of the complainant.

Feb 2, 2026

Arbitration Clause in Expired Parent Lease Inapplicable to Fresh Lease

Reading Time: 3 minutes

This Connect provides a brief overview of the order of the Calcutta High Court in the New India Assurance Company Limited case where it examined whether a dispute concerning specific performance of an alleged concluded contract for execution of a fresh lease is liable to be referred to arbitration as per the Arbitration and Conciliation Act, 1996, on the strength of an arbitration clause contained in the expired Parent Lease deed

Jan 26, 2026

Eligibility of Arbitrator when Former Employee

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Jammu & Kashmir and Ladakh, in the case of Union Territory of J&K v. M/s SRM Contractors Ltd., wherein it reaffirmed that a person’s past professional relationship as an employee of a party does not, by itself, attract the disqualifications under Section 12(5) and the Seventh Schedule of the Arbitration and Conciliation Act, 1996.

Jan 19, 2026

Employer-Employee Relationship

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the High Court of Delhi in the Indraprastha Gas case, wherein it determined that the initial burden of proof of employer-employee relationship lies with the claimant and held that the Labour Court had acted beyond its jurisdiction by declaring a third-party contract a sham and camouflage in the absence of specific pleadings.

Jan 12, 2026

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