Article

Contract labour – New dynamics under new Labour Code

By Sudish Sharma and Apeksha Bansal

The first article in this issue of Corporate Amicus discusses various changes in the framework of the contract labour, which will come into effect when the Code of Occupational Safety, Health and Working Conditions, 2020 (‘Code’) will come into force. It compares the Code with the present regime under the Contract Labour (Regulation and Abolition) Act, 1970. The article states that the Code has increased the threshold applicability and widened the ambit of contract labour. Discussing various other aspects including registration by principal employer and contractor, duties of principal employer and contractor, and core activity, the authors state that the principal employer may be required to revisit their compliance requirements so as to effectively meet the obligations under the Code, including no deployment of contract labour in the core activities of an establishment...

Extension of limitation by Apex Court due to second wave of Covid-19

By Dinesh Babu Eedi and Manasa Tantravahi

The second article in this issue of Corporate Amicus analysis the Supreme Court decision extending the period of limitation in all cases in proceedings in all Courts/Tribunals throughout the country. Providing an overview of the Apex Court’s Order dated 23 March 2020 and its subsequent clarifications dated 6 May 2020 and 10 July 2020, the article also elaborately discusses the various interpretation of the limitation extension order by various authorities including the Office of the Controller General of Patents, Designs and Trademarks, CESTAT and CBIC. The article also notes that the latest Order (dated 27 April 2021) of the Apex Court removes a lot of former ambiguities, due to its wide application and thus reduces any scope for the various authorities in the country to take a different interpretation. According to the authors, while the latest order may be considered as fresh relief to litigants everywhere, it remains to be seen whether the actions taken by the authorities, especially governmental bodies, against aggrieved parties, are in the spirit of the order...

Notifications and Circulars

• Covid-19 surge – Relaxations in corporate compliances and other developments
• CSR funds utilisation for Covid-19 further clarified

Ratio decidendi

• Promoter of MSME can submit a Resolution Plan in his individual capacity and as long as MSME status is established – National Company Law Tribunal
• Consolidation of CIRP of two Corporate Debtors permissible if 8 parameters satisfied – National Company Law Appellate Tribunal
• A woman cannot be denied employment just because nature of employment would require her to work during night hours – Kerala High Court

News Nuggets

• Breach of provisions of IBC – No power under CrPC Section 482 available to High Court to countenance breach
• Operational debt not intended to include crown debt: Madras High Court
• Mere forwarding of WhatsApp messages as received when not amounts to sharing ‘unpublished price sensitive information’
• Distribution of assets in liquidation – No priority for first charge holders if security relinquished in common pool
• Indian parties to arbitration agreement can opt for a foreign seated arbitration