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 Limitation as Defence in Time-Barred Suit

Reading Time: 2 minutes

The Supreme Court in S. Shivraj Reddy (Died) through his LRS and Another v. S. Raghuraj Reddy and Others where it held that even if the plea of limitation is not set up as a defence, the court has to dismiss the suit if it is barred by limitation.

Jul 15, 2024

Delhi High Court on the Seat of Arbitration

Reading Time: 3 minutes

The Delhi High Court, in Delhi Tourism and Transportation Development Corporation case, held that in arbitration proceedings, the “seat” will be decided only by its relationship to the arbitral procedures, not by the underlying dispute’s cause of action. This Connect analyses the judgment and reasoning of the High Court.

Jul 8, 2024

Employment Law Exemption for IT Establishments in Telangana

Reading Time: 1 minute

This Connect provides an overview of the notification of the Telangana government extending exemption to IT and ITeS establishments from certain provisions of the state shops act subject to conditions.

Jun 30, 2024

High Court on the Ambit of Definition of Workmen

Reading Time: 2 minutes

The Karnataka High Court, in N. Bhuvaneshwari vs The Management of M/s Ambuthirtha Power Pvt. Ltd., held that the persons carrying managerial and supervisory responsibilities do not fall within the scope of a ‘workman’, as defined under Section 2(s) of the Industrial Disputes Act, 1947. It further held that once it is determined that the person is not a ‘workman’ under the Act, the Labour Court does not have jurisdiction to adjudicate whether their termination was proper or not.

Jun 24, 2024

Karnataka extends Labour Law Exemption to Tech Companies

Reading Time: 2 minutes

This Connect provides an overview of the notification issued by the Karnataka Government, extending exemption granted to IT, ITeS and other establishments for another five years from applicability of the Industrial Employment (Standing Orders) Act, 1946.

Jun 17, 2024

Madras HC on Privacy Relating to Employee Matters

Reading Time: 4 Minutes

In Mr.Gopal Vittal, Bharti Airtel Ltd. & Ors. v. Mr.Kamatci Shankar Arumugam, case, the Madras High Court held that circulation of a list of persons who are not vaccinated against Covid-19 does not tantamount to circulation of sensitive personal data and does not violate privacy nor constitute an offence under the Information Technology Act, 2000.

Jun 10, 2024

Uttarakhand HC on execution of award passed by Labour Court

Reading Time: 2 Minutes

The Uttarakhand High Court, in Naveen Ram and other batch cases, held that the right for execution of award passed by Labour Court lies only with Labour Court. This Connect analyses the brief judgement and reasoning of the Uttarakhand High Court

Jun 3, 2024

High Court on Responsibility of Employers to Pay Wages

Reading Time: 2 minutes

The Jammu & Kashmir and Ladakh High Court, in Executive Engineer Roads and Buildings, Bandipora vs Nazir Ahmad Teli case, held that it shall be the responsibility of the employer to pay all wages required to be paid under the Payment of Wages Act, 1936 in case the contractor, any person employed by the contractor or the person designated by the employer fails to make such payment.

May 27, 2024

Gujarat High Court on Automatic Reinstatement

Reading Time: 2 minutes

This Connect analyses the judgement of the Gujarat High Court in the Jetpur Municipality case where it held that in case of an illegal termination, reinstatement is not automatic and labour courts can instead grant compensation.

May 21, 2024

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