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Hindustan Times
12 hours ago
- Business
- Hindustan Times
Delhi high court reiterates legal right to switch jobs
Looking for better job prospects after quitting? The Delhi High Court says that's legal your right—and no company can take it away. Any clause that forces employees to choose between going back to their old boss or staying unemployed, the ruling declared, is not allowed under Indian law. (HT Archive) In a significant ruling aimed at curbing the misuse of restrictive employment contracts, the Delhi High Court has ruled that employers cannot prevent former employees from taking up new jobs, including with their clients or associates. Any clause that forces them to choose between going back to their old boss or staying unemployed, the ruling declared, is not allowed under Indian law. 'An employee cannot be confronted with the situation where he has to either work for the previous employer or remain idle,' said justice Tejas Karia. 'Freedom of changing employment for improving service conditions is a vital and important right of an employee.' In its June 25 judgment, the court ruled that post-employment non-compete clauses—common in contracts across sectors—are 'void' under Section 27 of the Indian Contract Act. This provision invalidates any agreement that restrains someone from pursuing a lawful profession, trade, or business. The court also issued a wider critique of employment contracts that restrict worker mobility. 'An employer-employee contracts, the restrictive or negative covenant are viewed strictly as the employer has an advantage over the employee and it is quite often the case that the employee has to sign standard form contract or not be employed at all.' The case involved software engineer Varun Tyagi, who had worked on the government's POSHAN Tracker project while employed by Daffodil Software. The project, owned by the Digital India Corporation (DIC), is a key national initiative aimed at improving child nutrition. After completing his notice period in April 2025, Tyagi joined DIC directly. However, Daffodil Software took him to court, citing a clause in his contract that barred him from joining any 'business associate' for three years after leaving. A district court agreed and restrained Tyagi from working with DIC, forcing him to approach the high court. In overturning the district court's order, the high court not only allowed Tyagi to take up his new role but also made strong observations on employment rights. It said companies cannot use broad, catch-all clauses to prevent former employees from working elsewhere, especially when they were not hired to develop any proprietary technology. Justice Karia found that Daffodil had no grounds to prevent Tyagi from joining DIC, especially since he hadn't created any proprietary software or confidential intellectual property. All rights to the POSHAN Tracker project, the court noted, belonged to the government, not the private contractor. 'Freedom of employment cannot be restricted merely because someone worked on a sensitive project, particularly when that project was not owned by the employer,' the court said. It added that such freedom cannot be restricted just because someone once worked on sensitive projects. Importantly, the court explained that Indian law is clear that any agreement that blocks someone from doing their job, unless it is about selling goodwill of a business, is not enforceable. Justice Karia underscored that Indian jurisprudence differs fundamentally from English law, where limited post-employment restraints may be upheld based on reasonableness. Under Indian law, such restrictions are permissible only in the rare case of a sale of business goodwill, explicitly carved out as an exception in Section 27. The court held that contracts that inhibit future employment, without protecting genuine proprietary interests, are void. The court also rejected the argument that such clauses were justified to prevent misuse of confidential information. 'Negative covenants after termination can be granted only to protect genuinely proprietary information or prevent client solicitation. But none of the cases cited by Daffodil support restraining employment per se,' the judgment read. Even if an employer believes there has been a breach of the contract, the court said, they can seek monetary damages, but cannot not stop someone from working.

The Hindu
17-06-2025
- Business
- The Hindu
Karnataka anganwadi workers to lock centres, boycott work as part of mass protest on July 9
The Karnataka State Anganwadi Workers Association affiliated to centre of Indian trade Union (CITU) has decided to shut down the anganwadi centres and boycott work on July 9 as part of the mass protest organised by the anganwadi workers and helpers. State president of the Association addressing press persons in Kalaburagi city on Monday demanded the government to regularize the services of anganwadi workers and helpers, increase the budget for Integrated Child Development Scheme (ICDS) and to revise the honorarium. Recently the Gujarat High Court ruled that anganwadi workers and helpers are entitled to be absorbed as permanent government employees. Considering this, Ms Varalakshmi said that the service of anganwadi workers and helpers should be regularized and they should be paid a minimum wage of ₹ 26,000 a month and monthly pension of ₹ 10,000. Ms Varalakshmi said that anganwadi workers were tasked with registering beneficiaries' details in the POSHAN Tracker application, which had made their job harder, the app has purportedly increased their workload. The other demands includes starting the LKG and UKG classes in anganwadi centres, filling up the vacant posts of anganwadi workers and helpers and providing basic amenities and infrastructure facilities at all the anganwadi centres, she added.(eom)


Time of India
27-05-2025
- General
- Time of India
Conrad gives smartphones to anganwadi workers, focus on enhancing efficiency
1 2 Shillong: CM Conrad K Sangma on Tuesday distributed smartphones among anganwadi workers at a ceremony held at St George Higher Secondary School in Samanda, East Garo Hills. Anganwadi workers from different regions of East Garo Hills gathered to receive their smartphones at the event. State social welfare minister Paul Lyngdoh and PHE minister Marcuise Marak attended the function. Sangma emphasised that the smartphones would improve the efficiency and delivery of anganwadi services. The Union ministry of women and child development provided Rs 6 crore funding to purchase 6,162 smartphones for the workers to support their essential duties. "The phones will bridge the digital divide and improve service delivery," Conrad said and noted that the POSHAN App installation would enable workers to input data, information and complete reporting duties, leading to enhanced monitoring of social welfare programmes. "The mobile application digitizes the physical registers used by anganwadi workers, improving the quality of their work while enabling real-time monitoring," he said. The CM announced that anganwadi workers would receive incentives for consistent monitoring and recording of children's height and weight measurements up to age six, with data uploads to the POSHAN Tracker. The chief minister also presented IIT Innovation ECO H2O Filters to anganwadi centres during the programme, ensuring clean drinking water access for rural children. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo Additionally, he opened the new building at St George Higher Secondary School, Samanda, dedicating the facility to students' educational advancement. The programme also included the distribution of M-Tabs (Digital Learn Aid) to St George School students.


United News of India
27-05-2025
- Health
- United News of India
Meghalaya CM hands over smartphones to Anganwadi workers
Williamnagar, May 27 (UNI) Meghalaya Chief Minister Conrad Sangma handed over smartphones to Anganwadi workers at a programme held at St George Higher Secondary School in Samanda, East Garo Hills district on Tuesday. Sangma said the smartphones would enhance the performance and services of Anganwadi workers. The Ministry of Women and Child Development had funded Rs. 6 crore for the purchase of 6,162 smartphones for the workers, supporting them in their critical roles. 'The phones will bridge the digital divide and improve service delivery," he told the Anganwadi workers from various parts of East Garo Hills district, who received the smartphones. Social Welfare Minister Paul Lyngdoh and PHE Minister Marcuise Marak were also present. The Chief Minister informed that the POSHAN App had been installed on the smartphones, which the Anganwadi workers would use to record data and information and perform other reporting tasks, ensuring better monitoring and implementation of social welfare schemes. The mobile application digitises the physical registers used by Anganwadi workers, improving the quality of their work while enabling real-time monitoring. Sangma also informed that Anganwadi workers would be incentivized for regularly monitoring the growth of children up to 6 years old by measuring their height and weight and uploading the data to the POSHAN Tracker. During the programme, the Chief Minister also distributed IIT Innovation ECO H2O Filters to Anganwadi centers, aiming to provide safe drinking water to children in rural communities. He also inaugurated the new building of St George Higher Secondary School, Samanda, dedicating it to the students and expressing hope that it would inspire learning, creativity, and growth. The students of St George School also received the M-Tabs (Digital Learn Aid) at the programme. UNI RRK BD