Successfully represented Tech Mahindra Limited, Tech Mahindra Business Services Limited and Anil Mohanlal Khatri (shareholder of Tech Mahindra Limited) which had filed a Writ Petition before the Hon’ble Bombay High Court to challenge the validity of The Payment of Bonus (Amendment) Act, 2015.
The clients, inter alia, had challenged that the retrospective operation of the Amendment Act with effect from 1 April, 2014 and the amendment introduced vide Section 3 of the Amendment Act in so far as the words “or the Minimum Wage for the scheduled employment, as fixed by the appropriate Government, whichever is higher” that has been inserted in Section 12 of the Payment of Bonus Act, 1965 are illegal and unconstitutional and hence liable to be struck down.
On 13 June 2016 the court passed an ad interim order staying the retrospective operation of Amendment Act and further that the Union of India should not take any coercive measures against the clients, pending the hearing and disposal of the petition.
The team from Khaitan & Co included Raj Panchmatia (Partner); Peshwan Jehangir (Associate Partner); Madhav Kanoria (Senior Associate) and C Nageshwaran (Associate).