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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Relaxed Application of Employees’ Compensation Act In Assessing Disability

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the Kamal Dev Prasad case where it held that the objective of the Employees’ Compensation Act, 1923 is to provide relief to the victims of workplace accidents and therefore a liberal approach beyond the statutory prescription is acceptable when determining disability compensation.

Jul 28, 2025

Maternity Leave is Essential Part of Reproductive Rights

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Supreme Court in the case of K Umadevi vs. State of Tamil Nadu wherein it has ruled that maternity leave is a vital part of women's reproductive rights, emphasizing that it is not merely a benefit, but a fundamental right protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Jul 21, 2025

Court’s Powers to Modify Arbitral Awards

Reading Time: 4 minutes

This Connect provides a brief overview of the Supreme Court’s judgment on the extent of court’s powers to modify an arbitral award. The SC bench, by a 4:1 majority, held that the courts hold limited powers to modify an award.

Jul 14, 2025

Assessing Sexual Harassment Claims

Reading Time: 2 minutes

This Connect provides a brief overview of the judgement of the Bombay High Court in the Vinod Narayan Kachave case wherein it opined that Internal Committees and Industrial Courts must thoroughly evaluate whether proven incidents truly constitute sexual harassment.

Jul 7, 2025

Registration of Similar Trademarks

Reading Time: 2 minutes

This Connect provides a brief overview of the Delhi High Court’s decision on registration of a trademark in for a pharmaceutical line of a Chinese company in India, on appeal from the decision of the Deputy Registrar of Trademarks. The HC observed that simpliciter registration of a mark in another jurisdiction does not entitle a person or an entity for registration of the same in India.

Jun 30, 2025

Copyright Licensing by Societies

Reading Time: 3 minutes

This Connect provides a brief overview of the order of the Delhi High Court in the Azure Hospitality case where the Division Bench opined that entities carrying on the business of issuing or granting licenses for copyrighted works must either be registered as a copyright society or be a member of one.

Jun 23, 2025

ESI Contribution Mandatory for Covered Establishments

Reading Time: 3 minutes

This Connect provides a brief overview of the judgement of the Andhra Pradesh High Court in the Jaya Venkatarama case where it held that factories and establishments falling within the purview of the Employees’ State Insurance Act, 1948 cannot be exempted from making contributions under the statute irrespective of their employees being covered under private insurance and irrespective of there being no ESI dispensary in the area.

Jun 16, 2025

Brief on the Karnataka Gig Workers Ordinance

Reading Time: 2 minutes

The Governor of Karnataka on May 27, 2025, promulgated the Karnataka Platform Based Gig Workers (Social Security and Welfare) Ordinance, 2025 (‘Ordinance’). The Ordinance provides for a regulatory framework that governs platforms-based gig workers in the state of Karnataka. This Ordinance seeks to establish legal, welfare and social security provisions for gig workers.

Jun 9, 2025

High Court on Existence of Industrial Disputes

Reading Time: 2 minutes

The Calcutta High Court in the Indian Institute of Management, Calcutta case, held that an Industrial Tribunal is the right forum to determine if IIM-C, a statutory body, was the principal employer of contracted canteen resources engaged through its student council. It further held that mere denial by IIM-C was not sufficient to preclude a reference under the Industrial Disputes Act, 1947. It ruled that an employer-employee relationship is a mixed question of law and fact, and must be adjudicated only by the Tribunal.

Jun 2, 2025

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