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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Madras HC on Renomination under Employees’ Pension Scheme

Reading Time: 2 Minutes

Madras High Court in R. Ramalingam case allowed the employee to nominate one of his family members subsequent to death of his wife (nominee) to receive the benefit of 10% return of the capital on his death.

Oct 24, 2022

Delhi High Court on Denial of Maternity Benefit

Reading Time: 3 Minutes

The Delhi High Court, in the Asia-Pacific Institute of Management case, held that maternity benefit can only be denied to an employee if her dismissal was on account of serious misconduct. The court also held that any contract of service between an employer and employee which contracts out of the provisions of the Maternity Benefit Act, 1961, is contrary to law.

Oct 17, 2022

SC on Employment Termination for Suppression of Facts

Reading Time: 4 Minutes

The Supreme Court, in the Satish Chandra Yadav v. Union of India case, where a police was terminated from services on the ground of suppression of facts or providing of false information at the time of recruitment, held that the decision to terminate him is at the discretion of the employer and is a valid ground for termination.

Oct 10, 2022

SC on Reinstatement and Back Wages.

Reading Time: 3 Minutes

The Supreme Court in the Jeetubha case reiterated that the restitutionary approach must be followed by courts while ordering reinstatement and back wages. This Connect highlights the facts, and the reasoning given by the court.

Oct 3, 2022

Supreme Court on Recovery of Excess Payments.

Reading Time: 3 Minutes

Supreme Court, in Thomas Daniel v. State of Kerala and Ors. case, where a claim for recovery of erroneous excess payment was made after ten years post retirement of an employee, held that any payments made by employer by erroneous interpretation of a rule/order, wrongful application of a principle or by wrong calculations are not recoverable.

Sep 27, 2022

Calcutta HC on Absence of Written Arbitration Agreement

Reading Time: 4 Minutes

Calcutta High Court in its recent judgment in the case of Eastern Coalfields Limited V. RREPL-KIPL (JV) observed that there has to be an agreement in writing between the parties to refer the disputes to arbitration and conduct of the parties will not substitute the statutory requirement of an agreement in writing.

Sep 19, 2022

Supreme Court On Reinstatement In Case Of Acquittal

Reading Time: 3 Minutes

The apex court in the Phool Singh case recently held that acquittal in a criminal case was not a ground for setting aside the penalty which was imposed in the course of the disciplinary enquiry. Hence, reinstatement of employment only on the ground of acquittal in criminal proceedings was not warranted.

Sep 12, 2022

Gujarat HC on Forfeiture of Gratuity

Reading Time: 3 Minutes

The High Court of Gujarat, in the recent judgment in CMD, Union Bank of India vs. Jaykant R. Gohil, observed that UBI forfeiting gratuity of the employee was an "afterthought" as only after the employee demanded the gratuity. The Court ordered payment of all retiral dues to the employee with reduced interest.

Sep 5, 2022

Delhi HC on Imposing Liquidated Damages in Contracts

Reading Time: 2 Minutes

On assessment of whether liquidated damages (LD) were payable by a contractor for delays in completion of work, the Delhi High Court (HC) in North Delhi Municipal Corporation v. IJM Corporation Berhad, held that once a request for extension is received and granted, and the contractor completes the work in the contractual and extended periods, LD is not payable. The HC also held that a competent authority cannot, after the extended period, turn around and re-evaluate the extension granted, to the detriment of the contractor.

Aug 29, 2022

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