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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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

Bombay High Court on Arbitrability of Fraud

Reading Time: 3 minutes

The Bombay High Court, in Nilesh Shejwal case, held that due to a shift in the field of contemporary arbitration, where disputes involving fraud were deemed unsuitable for arbitration, arbitral tribunals are now known to review vast volumes of evidence in a wide range of dispute situations. Thus, it concluded that the antiquated notion that fraud cannot be arbitrated due to its complexity is obsolete and does not apply to modern arbitration processes. This Connect analyses the judgment and reasoning of the High Court.

May 13, 2024

Court’s Jurisdiction on Deciding Seat of Arbitration

Reading Time: 2 minutes

The Delhi High Court, in Nitin Kwatra v. Stadhawk Services Pvt. Ltd. case, held that even if a business agreement confers exclusive jurisdiction on a different court, courts having jurisdiction over the seat of arbitration will retain supervisory authority over the arbitral process. It held that the presence of a generic exclusive jurisdiction clause does not diminish HC’s jurisdiction in determining the seat of arbitration.

May 6, 2024

Working hours exemption for certain sectors in Gujarat

Reading Time: 1 minute

This Connect provides an overview of the notification passed by the Gujarat government exempting certain entities from certain provisions of the state shops act.

Apr 29, 2024

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