General Updates
Mandatory testing requirements for broadband gears deferred
Due to ongoing tariff negotiations with United States of America (USA), the Department of Telecommunications has deferred the mandatory testing requirements for broadband gears till 1 September 2025.
New rules for drugs transfer from Special Economic Zones (SEZ) units
As per new rules introduced by the Central Drug Standard Control Organisation (CDSCO), it is mandatory to have import registration and licence for drugs prior to transferring the same from SEZ into the Domestic tariff areas (DTA). Further, drugs prohibited in India but manufactured at these SEZs for export purposes, are not permitted to be transferred to the DTA for any reason.
Karnataka Platform-based Gig Workers (Social Security and Welfare) Bill, 2024 ("2024 Bill") passed
Karnataka government has recently promulgated the 2024 Bill. Salient features of the 2024 Bill include collection of gig worker's welfare fee from aggregator/platform ranging from 1-5% on each transaction; constitution of welfare board; dispute resolution mechanism; various social security benefits; database of gig workers; 14 days prior notice for termination amongst others.
Draft bill of 'Telangana Gig and Platform Workers (Registration, Social Security and Welfare) Bill, 2025 ("Draft Bill") released
The Government of Telangana has introduced the Draft Bill, the key features of the Draft Bill include creation of welfare board; mandatory requirement of sharing data related to gig workers and their earnings; violation leading to fine and/or imprisonment; dual registration system; dispute resolution committee etc.
Advisory issued for using Tamil as official language
The State Government of Tamil Nadu has issued a recent advisory which requires Tamil language to be used as official language in all government offices.
Validity of Tobacco License extended
The Ministry of Commerce and Industry has extended the validity of registration certificate or licence of tobacco farmers to 3 (three) years from current one (1) year.
Corporate Law Update
Format of the Compliance Certificate revised by Insolvency and Bankruptcy Board of India (IBBI)
By a recent notification, IBBI has revised the format of the compliance certificate (Form H) under relevant provisions of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016. The revised Form H offers a thorough reporting format that covers all the important stages and aspects of corporate insolvency resolution process, from inception to execution.
Labour Law Updates
Labour welfare fund contribution increased in Haryana
Effectively from 1 January 2025, the Haryana Labour Welfare Board has increased the employee contribution towards Labour Welfare Fund in Haryana from Rs.31 to Rs.34. Further, the employer will contribute twice the employee's contribution.
Minimum wages increased by Government of Delhi
The government of National Capital Territory of Delhi has revised the rates of minimum wages with effect from 1 April 2025, whereby increasing the amount payable to all categories of workers in Delhi.
Form-13 (Transfer Out) revamped by Employee Provident Fund Organisation (EPFO)
EPFO has introduced a revamped Form 13 to simplify the provident fund account transfer process when employees change jobs. It incorporates the bifurcation of taxable and non-taxable components of Provident Fund accumulation.
Aadhaar-based face authentication for seamless Universal Account Number (UAN) services
With the aim to simplify and enhance data accuracy, a new digital facility has been introduced by EPFO which allows generation and activation of UAN using Aadhaar-based Face Authentication Technology (FAT) through the UMANG mobile application.
Exclusive jurisdiction clauses in employment contracts not barred by Indian Contract Act, 1872
The Supreme Court of India has recently held that exclusive jurisdiction clauses in employment contracts, which confer exclusive jurisdiction onto a particular court of a particular location to decide disputes relating to the contract, are not barred by relevant provisions (Agreements in restraint of legal proceedings, void.) of the Act.
Permission to allow 24x7 retail shops as no restriction
The Bombay High Court has ruled that permission to allow 24x7 retail shops has no restriction under Maharashtra Shops and Establishments (Regulation of Employment and Conditions of Service) Act, 2017. The Court was dealing with the issue of wherein the Respondent (Police) were forcing the Petitioner to shut down the operations of its convenience store beyond certain hours of the day.
Applicability of the Employees' State Insurance Act, 1948
The High Court of Andhra Pradesh held that if there are less than 10 persons employed, the premises will not qualify as a 'factory' and therefore, the Act would not be applicable.
Principle of "No work no pay" not applicable in cases of fault of employer
It has been held by High Court of Jammu &Kashmir and Ladakh that the principle of "no work no pay" can be put into operation when the employee remains out of service because of his own act/omission/fault but when an employee is kept away from the work by any act or omission on the part of the employer, the employee cannot be denied salary on the principle of "no work no pay".
Intellectual Property Update
New additions in list of Well-Known Marks
Marks -:
:
:
: ZOHO; STARBUCKS & NDTV are now formally
included in the list of Well-Known Marks maintained by Trade Marks
Registry.
Case Laws
Clarity on jurisdiction of court in Trademark Infringement suit provided
It has been ruled by Delhi High Court that Plaintiff cannot claim jurisdiction only on the basis of the location of its head office when it has subordinate office(s) at place(s) where the cause of action has arisen.
Right to digital access part of Fundamental Rights
The Supreme Court of India has held that right to digital access is part of Right to Life and Liberty enshrined in the Constitution of India. The court has further ordered revisions in "Know Your Customer" norms so that the same is accessible to persons with disabilities such as visual and facial disfigurement.
Limited power of court to modify arbitral awards
In a recent judgement, the Supreme Court of India has ruled that courts have the power to modify arbitral awards under relevant provisions of the Arbitration and Conciliation Act, 1966. The power can be exercised to correct any clerical, computation or typographical errors or change in interest without nullifying the entire award.
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