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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Termination Valid On Acceptance of Notice Pay

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Delhi High Court (HC) in the Pankaj Vaid vs. ICICI Bank case, where it held that if an employee accepts the termination of his services and applicable notice pay. Then such termination shall be held valid and cannot be challenged by the employee accepting the notice pay.

Mar 31, 2026

Probationary Termination and Workman Status

Reading Time: 2 minutes

This Connect provides a brief overview of the judgment of the High Court of Delhi in the Sarita Tiwari case, wherein it clarified that a probationer qualifies as ‘workman' under Section 2(s) of the Industrial Disputes Act, 1947, and affirmed that wages paid under Section 17-B are non-recoverable even if the termination is eventually upheld.

Mar 23, 2026

Employer’s Refusal To Accept Resignation amounts to Bonded Labour

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Kerala High Court (HC) in the Greevas Job Panakkal case, where it held that an employer cannot reject an employee’s resignation unless the resignation is in non-compliance with the employment agreement or disciplinary proceedings have been initiated against such employee.

Mar 16, 2026

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

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