Khaitan & Co LLP > Mumbai, India > Firm Profile
Khaitan & Co LLP Offices

ONE WORLD CENTER, 13TH FLOOR
TOWER 1, 841 SENAPATI BAPAT MARG
MUMBAI 400 013
India
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Khaitan & Co LLP > The Legal 500 Rankings
India > Antitrust and competition Tier 1
With expertise in enforcement, cartelisation, and leniency matters, as well as merger controls, M&A transactions, and restructuring, Khaitan & Co LLP‘s antitrust and competition practice is capable of handling a wide range of matters, both domestically and internationally. The group has particular strengths in the manufacturing, steel, and technology sectors, and its notable client roster continues to expand. Anshuman Sakle heads up the practice and is highly regarded in the market for his extensive experience advising on merger control matters, abuse of dominance and cartel investigations, and joint venture and distribution agreements, alongside regulatory compliance and antitrust audits. He is instructed by businesses from a wide range of industries including financial services, pharmaceutical, and infrastructure. Other notable names in the team are Manas Kumar Chaudhuri, who frequently acts before the CCI and the NCLAT and is adept at advising on cross-border merger control cases, as well as Anisha Chand and Pranjal Prateek.Practice head(s):
Anshuman Sakle
Other key lawyers:
Manas Kumar Chaudhuri; Anisha Chand; Pranjal Prateek; Soham Banerjee
Testimonials
‘The team stands out for its exceptional expertise, strong client relationships, innovative problem solving, integrity and professionalism, and dedication to client success.’
‘This is a great team who understands the client’s concerns and provides relevant advice.’
Key clients
Ipca Laboratories Limited and Unichem Laboratories Limited
Abu Dhabi Ports
India Resurgence Fund
Power Finance Corporation Limited
The Orogen Group
Dalmia Cement (Bharat) Limited
Nirma Limited
Magna International Inc.
Insight Luxembourg XII S.a.r.l.
Shree Cement Limited
Work highlights
- Assisted Ipca Laboratories Ltd in securing approval for the 100% acquisition of Unichem.
- Assisted Abu Dhabi Ports Company on securing unconditional approval for the acquisition of Delanord Investments Ltd.
- Represented Nirma in seeking unconditional approval from the CCI for its acquisition of a majority shareholding of Glenmark Life Sciences Ltd.
India > Banking and finance Tier 1
Counting major corporates, international banks, NBFCs, and financial institutions among its impressive roster of clients, Khaitan & Co. fields a large and experienced banking and finance team with expertise across the full spectrum of financing transactions. Finance and restructuring specialist Kumar Saurabh Singh advises leading domestic banks and financial institutions on cross-border transactions; national practice head Devidas Banerji is a key name for acquisition financing transactions, particularly in the pharma space; and co-head Rajeev Vidhani is a key contact for debt issuances, securitisation issues, and insolvency and restructuring mandates. Siddharth Srivastava is also recommended for restructuring and insolvency work. Manisha Shroff’s expertise spans debt capital markets transactions, offshore financings, and cross-border and syndicated financings.Practice head(s):
Devidas Banerji; Rajeev Vidhani; Kumar Saurabh Singh
Other key lawyers:
Manisha Shroff; Siddharth Srivastava; Soumya Mohapatra
Work highlights
India > Capital markets Tier 1
The ‘technically sound’ team at Khaitan & Co LLP retains a varied offering that extends across the sectors of pharma, renewable energy and financial services, among others. The team is capable of assisting with international bond issuances, private credit deals and a variety of other transactions. The practice is led by Sudhir Bassi, who excels in marquee capital raising, Abhimanyu Bhattacharya, who is engaged to manage IPOs and private institutional placements, and Manisha Shroff, who maintains a diverse practice spanning debt capital markets. Aditya Cheriyan handles the full gamut of transactions in this space, while Gautham Srinivas is entrusted to assist with IPOs and the management of private equity funds. Another key name to note in the practice is Madhur Kohli, an expert on the equity capital markets side.Practice head(s):
Sudhir Bassi; Abhimanyu Bhattacharya; Manisha Shroff
Other key lawyers:
Testimonials
‘Good knowledge and prompt and technically sound.’
‘Manisha Shroff is a great lawyer and definitely a safe pair of hands.’
City focus: Chennai > Leading firms Tier 1
Khaitan & Co. is renowned for managing high-profile and complex transactions across a wide array of sectors, spanning manufacturing, insurance, pharma, logistics, and financial services. The team is experienced in working with a diverse client base that includes listed and unlisted companies, promoters, and family offices. Promode Murugavelu and Vivek Sriram advise domestic and international clients on M&A transactions and investment strategies, while the duo of Arva Merchant and Thriyambak J. Kannan specialises in dispute resolution and commercial litigation. Karthika Ravi Menon has significant experience handling corporate restructuring and private equity transactions, with a special focus on the healthcare and edtech sectors.Other key lawyers:
Key clients
Waycool Foods and Products Private Limited
Veranda Learning Solutions Limited
Stakeboat Capital
Sri Kauvery Medical Care (India) Limited
SBCDC Software Private Limited
Suguna Group
Reliance Brands Limited
Maxivision Eye Hospitals Private Limited
TVS Credit Services Limited
KPN Farm Fresh and its promoters
TVS Capital Funds
TVS Mobility Private Limited and promoters
Work highlights
- Advised Waycool Foods and Products Private Limited on its equity fundraising involving the issuance of Series D10 compulsorily convertible preference shares.
- Represented Veranda Learning Solutions Limited in its strategic acquisition of Tapasya Educational Institutions PrivateLimited.
- Represented Stakeboat Capital in its primary investment in Difacto Robotics and Automation Private Limited.
India > Corporate and M&A Tier 1
Steered by Aakash Choubey, Rajat Mukherjee and Ganesh Prasad, 'client-centric' Khaitan & Co LLP routinely operates across a plethora of sectors, from insurance and e-commerce to healthcare and gaming, regularly advising on private and public M&A, restructuring and compliance work. Increasingly the department is involved in various transactions embedded in the fields of tech, renewable energy and electric vehicles. Choubey excels at managing Indian corporate and investment laws, Mukherjee is well-versed in the pharma space and Prasad's capabilities include a range of transactions and corporate restructurings. Mumbai's Haigreve Khaitan is frequently entrusted by a litany of clients, from Indian promoters to international companies, while Rabindra Jhunjhunwala bolsters the practice with his considerable strengths in foreign investments and regulatory approvals. New Delhi's Bharat Anand is highly experienced at handling joint ventures and M&S across a stable of sectors.Practice head(s):
Aakash Choubey; Rajat Mukherjee; Ganesh Prasad
Other key lawyers:
Testimonials
‘They have a client-centric approach, are proactive and adopt an innovative approach to client engagement.’
‘Excellent team work. Precise, strategic, knowledgeable and affordable.’
‘Ganesh Prasad is down to earth, thorough with the subject and deeply understands the requirement from day 1. He is always one step ahead and knows how to handle things. He is the ‘go to guy’ for any transaction.’
‘Extremely reliable, knowledgeable and punctual.’
‘Khaitan is a very commendable partner. Their professionalism, exceptional sense of service and responsiveness are much appreciated. They have proven innovative as well.’
‘Khaitan’s team provide insights that are deeply aligned with our business needs and understand very quickly our concerns. Communication has always been flawless.’
‘Very responsive, pragmatic and reliable advice. The perfect local counsel.’
‘We were very impressed with Khaitan & Co. They were all over the smallest details to the larger commercial issues. They were extremely competent and knowledgeable about their subject during negotiations and teleconferences.’
Key clients
Siemens Aktiengesellschaft, Germany (Siemens AG)
Brookfield Asset Management
Nirma Limited
Ultratech Cement Limited
Tata Consumer Products Limited
PCBL Limited
Godrej Consumer Products Limited
Mahindra & Mahindra and Mahindra Electric Automobile Limited
India Resurgence Asset Management Business Private Limited
Inox Leisure Ltd.
Famy Life Sciences Private Limited
Insud PharmaPowerschool Group LLC
Munters Ab
Suguna Group
Aditya Birla Group
Manipal Health Enterprises Private Limited
Artemis Medicare Services Limited
Dalmia Cement (Bharat) Limited
Renesas Electronics Corporation
Azurity Pharmaceuticals Inc
Yamaha Motor Co. Ltd. and Mitsui & Co. Ltd.
Sanghi Industries Limited
True North
Work highlights
- Advised Reliance Industries Limited (RIL) and Viacom 18 Media Private Limited (Viacom 18) on its Strategic Joint Venture with The Walt Disney Company (Disney). The transaction will merge the digital streaming and television assets of Disney and Viacom 18 in India to create one of the leading TV and digital streaming platforms for entertainment and sports content in India.
- Acted as the legal advisor to Brookfield Asset Management on sale of 2 large commercial assets in Mumbai and Gurgaon totaling 6.5m square feet, for a combined enterprise value of ~$1.4bn, to a partnership of Singapore’s sovereign wealth fund GIC and Brookfield’s Indian listed Real Estate Investment Trust (Brookfield India Real Estate Trust).
- Advised Tata Consumer Products in acquiring 100% equity stake of Capital Foods Private Limited (CFPL) through secondary purchase of shares from the promoter and existing shareholders of CFPL. The transaction contemplates acquisition of 75% stake upfront and the remaining 25% to be acquired within three years, process, and trigger events for which have been agreed in the transaction documents.
India > Data protection Tier 1
The data protection practice at Khaitan & Co. covers the full spectrum of data protection and cyber security mandates, from public policy work and regulatory compliance, to data breaches, ransomware issues and cyber security incidents. The department is characterised by its diverse sector capabilities, acting for prominent clients in the healthcare, automobile, finance, telecom, and manufacturing industries. Kolkata-based Supratim Chakraborty oversees the team and has in-depth expertise in assisting clients with all data protection obligations, including compliance strategies and transactional matters. NCR-based Harsh Walia routinely assists corporations with international data transfers and has extensive expertise in data breaches, while Abhinav Chandan is a key contact for telecom regulatory matters.Practice head(s):
Supratim Chakraborty
Other key lawyers:
Testimonials
‘The practice is top tier. The team provides services to meet the specific needs and goals in a truncated timeline.’
‘Harsh Walia is a senior lawyer who aims to minimise business risks by providing end-to-end, high-value service. He has a reputation for handling complex regulatory matters with clear thought and solid knowledge, and he is our go-to lawyer for such issues.’
‘Supratim Chakraborty has hands-on knowledge, quick turnaround time and a business-centric approach.’
Key clients
BSE Limited
Reliance Jio Infocomm Limited
Axis Bank Limited
Roquette India Private Limited
Jio Financial Services Group
Mahindra Group
Nucleus Office Parks Private Limited
Zinc Money Pte Ltd.
Christian Dior
Pepe Jeans India Limited
Work highlights
- Assisted Jio Platforms Limited with the review of their operation strategy and customer acquisition mechanism and examine their compliance with several applicable laws.
- Assisted Christian Dior with analysis and impact of the recently enacted Digital Personal Data Protection Act 2023 on their business.
- Assisted Pepe Jeans India Limited with review of a services contract between the client and a consultant.
India > Dispute resolution: arbitration Tier 1
Khaitan & Co.‘s capabilities have notably been bolstered by the recent opening of the Ahmedabad office which complements its presence in Kolkata, New Delhi, Bengaluru, Mumbai, Chennai, Pune, and Singapore. With national and cross-border reach, alongside its extensive experience acting before a variety of arbitration centres including the SIAC, LCIA, and the HKIAC, the dispute resolution practice continues to attract new clients from the infrastructure, mining, and aviation sectors, to name a few. Sanjeev Kapoor, Ajay Bhargava, and Raj Panchmatia co-head the department alongside Chakrapani Misra, Kingshuk Banerjee, and Vanita Bhargava. Kapoor specialises in commercial and investment arbitration and stands out for his aptitude in handling matters before domestic and international institutional and ad hoc arbitral tribunals, while Bhargava concentrates on commercial arbitration and subsequent enforcement proceedings. On the contractual dispute front, Panchmatia is the main contact in the group.Practice head(s):
Sanjeev Kapoor; Ajay Bhargava; Chakrapani Misra; Kingshuk Banerjee; Raj Panchmatia; Vanita Bhargava
Key clients
Jindal Drilling and Industries Limited
Rashtriya Ispat Nigam Limited
Panthera Resources Limited
Gas Authority of India Limited
Mumbai Metropolitan Region Development Authority
Essar Exploration and Production Limited
INOX Wind Energy Limited
Gujarat Fluorochemicals Limited
Al Quraishi Marketing Co. Limited
Dalmia Family Office Trust
Dalmia Family Holdings LLP
Siemens Gamesa Renewable Power Private Limited
Jadcherla Expressways Private Limited
Parsa Kente Collieries Limited
Aditya Birla Finance Limited
Patel Engineering Limited
Dirang Energy Private Limited
Keller Ground Engineering India Private Limited
Larsen and Toubro Limited
Toyo Engineering Corporation
DLF Limited
United Spirits Limited
Bunch Microtechnologies Private Limited
HCL Technologies Limited
OYO Hotels and Homes Pvt. Ltd.
McLeod Russel India Limited
New India Assurance Company Limited
AECOM Asia Company Limited
Steel Authority of India
Gateway Distriparks Limited
Work highlights
- Assisted Jindal Drilling and Industries Limited in filing an intervention application.
- Representing Mumbai Metropolitan Region Development Authority in the arbitration proceedings initiated by Simplex Infrastructure Limited in relation to the termination of the contract for part design and construction of Metro Line 2B in Mumbai, India.
- Represented Gas Authority of India Limited before a DIAC arbitral tribunal in a claim brought against it by ArcelorMittal Nippon Steel Limited regarding the alleged breaches of the long-term gas supply agreement.
India > Dispute resolution: litigation Tier 1
Khaitan & Co LLP is well versed in the intricacies of litigation, holding extensive experience handling a range of disputes before judicial and regulatory bodies including the Supreme Court and High Courts across India. The dispute resolution practice has particular expertise in regulatory, constitutional, and commercial issues, as well as corporate, property, and consumer disputes. With a breadth of capabilities and an aptitude for advising on cross-border matters, the group has built an immense client roster consisting of companies from the construction, financial services, and tech sectors, among others, which continues to expand. Ajay Bhargava is a notable name for his prowess in constitutional, employment, and corporate and commercial disputes, while Ravitej Chilumuri is adept in shareholder disputes and pre-litigation strategy. Another key practitioner in the department is Divya Chaturvedi who specialises in regulatory disputes arising from the electricity, airports, and aviation sectors.Practice head(s):
Ajay Bhargava
Other key lawyers:
Key clients
Multiplex Association of India
Samsung Heavy Industries (India) Limited
ECE Industries Limited
Jindal Drilling and Industries Limited
Football Sports Development Ltd.
Rashtriya Ispat Nigam Limited
First Abu Dhabi Bank
Mumbai Metropolitan Region Development Authority
JSW Utkal Steel Limited
Kia India Private Limited
Noida Power Company Limited
Aditya Birla Finance Limited
Star Dental Centre Private Limited
Hindalco Industries Limited
Silver Point Capital
Glenmark Pharmaceuticals Limited
Tower Vision Ltd., Israel
Edelweiss Asset Reconstruction Company
Lupin Limited
Nutec Bickley Limited
Al Quraishi Marketing Co. Limited
Mcnally Bharat Engineering Company Limited
Williamson Magor and Co. Ltd.
Bishnauth Investments Limited
Mcleod Russel India Limited
Babcock Borsig Limited
Williamson Financial Services Limited
Shree Baidyanath Ayurveda Bhawan Pvt Ltd
Goodcare Pharma Pvt Ltd
Medima LLC
TATA Power Company Limited
Oravel Stays Private Limited
Eminent Electricity Distribution Limited
Asia Credit Opportunities Pte Ltd- Blackrock
SSG 2 Pte Ltd – CLSA
Abbott Healthcare Private Limited
FIA Technology Services Pvt. Ltd.
Hindustan Times Ltd
Sekura Roads Limited
Mahindra MSTC Recycling Pvt. Ltd.
Axis Bank
Jindal India Thermal Power Limited
Vedic Resorts and Hotels Private Limited
Siemens Gamesa Renewable Power Private Limited
State Bank of India
GE T&D India Limited
Intas Pharmaceuticals Limited
Parsa Kente Collieries Limited
HT Media Limited
CESC Limited
JM Financial Asset Reconstruction Company Limited
LICHFL Care Homes Limited
Unity Small Finance Bank Limited
Medisynth Chemicals Pvt Ltd
Medisynth Naturals Pvt Ltd
Ramkrishna Forgings Limited
Delhi Gymkhana Club Limited
JPFL Films Private Limited
Stride Ventures
Work highlights
- Representing Multiplex Association of India in its challenge to the constitutional validity and legality of the Andhra Pradesh Cinemas (Regulation) (Amendment) Act, 2021 viz. Act No. 12 of 2021 dated 15.12.2021 and various related Government Orders released by the state of Andhra Pradesh.
- Advising ECE Industries before the Supreme Court in relation to a matter under the Urban Land (Ceiling and Regulation) Act, 1976.
- Advising First Abu Dhabi Bank in various suits filed before the Hon’ble High Court of Bombay against the sale proceeds of GP Asphalt1.
India > Insurance Tier 1
Khaitan & Co. leverages the firm’s strong corporate, commercial, and M&A capabilities to advise leading insurers, private equity investors, and industry associations on the full range of transactional and regulatory mandates. Recently, the group has seen an uptick in contentious mandates, advising insurance companies before the Securities Appellate Tribunal. Nikhil Narayanan takes point on cross-border mandates as well as regulatory issues, Niren Patel is the name to note for M&A and private equity deals, while Aravind Venugopal, who re-joined the firm in 2023, brings in-house expertise from the insurance industry. Narayanan, Patel, and Venugopal jointly oversee the team, which also includes Harsh Khemka, who advises insurers and reinsurers on transactional and regulatory matters.Practice head(s):
Nikhil Narayanan; Niren Patel; Aravind Venugopal; Anuj Shah
Other key lawyers:
Testimonials
‘Strong legal team, especially in the insurance space.’
‘Anuj Shah and Harsh Khemka provide good advice, both practical as well as technical, and demonstrate extensive experience in Indian insurance work, including on regulatory aspects.’
Work highlights
Intellectual property Tier 1
Khaitan & Co LLP handles the full spectrum of matters, assisting with trademarks, patents, design, copyright, domain names and trade secrets. Leadership of the group is shared between the Mumbai-based Adheesh Nargolkar, who handles prosecution, enforcement and transactional work and Nishad Nadkarni whose broad workload encompasses contentious and non-contentious matters. Smriti Yadav, who handles prosecution, advisory and litigation work and Shailendra Bhandare, who deals with enforcement, contentious and transactional matters, also lead the team from Mumbai. In Delhi, Ankur Sangal is a key contact for contentious IP matters and Nirupam Lodha for trademark disputes and tech transactions.Practice head(s):
Adheesh Nargolkar; Nishad Nadkarni; Smriti Yadav; Shailendra Bhandare; Ankur Sangal; Nirupam Lodha
Testimonials
‘We have worked with other law firms in India before. Khaitan & Co stands out in the following: -excellent knowledge of the law -wide experience in court cases -very effective, spot on and exact work -clear communication -very good team constellation -very high client attention.’
‘Partner Nirupam Lodha is outstanding. He has an excellent knowledge of the law, great understanding of the media sector and wide experience of court cases to advice on the best strategy. He is very effective and exact in his work. The communication, be it in meetings or in writing, is very clear and leaves no questions. In addition, as a person he is very sympathetic, ensuring a good working atmosphere for his legal team and us as client.’
‘Swift and practical solutions’.
‘Personal attention by the Partners and senior team members.’
‘Khaitan & Co. is distinguished by its legacy, exceptional legal expertise, and client-centric approach. The firm’s experienced team provides comprehensive legal services, ensuring clients receive tailored and effective solutions. Known for its commitment to excellence and innovation, Khaitan & Co. consistently delivers outstanding results, setting it apart from other firms in the industry.’
‘Smriti Yadav excels in Intellectual Property, known for her deep knowledge and strategic approach to complex IP issues. Her innovative solutions, meticulous attention to detail, and dedication to protecting clients’ IP rights set her apart in the field.’
‘The IP team by Partner Nirupam Lodha is very thorough, commercially skilled and legally well-equipped. What sets them apart is their exhaustive legal knowledge along with elements of practicality. Each team member is very dedicated to their clients and as a result, their turnaround time is phenomenal. Hands down, this is our favourite team at KCO.’
‘We mostly have interactions with Nirupam Lodha. Nirupam is an ace when it comes to negotiating settlement matters as well as strategising IP matters. His expertise and dedication towards clients are only increasing by the year. His vast knowledge and experience with handling a plethora of clients comes very handy for us.’
Key clients
Reliance Industries Limited and Viacom 18 Media Private Limited
JSW Paints Limited
Godrej Consumer Private Limited
Puro Wellness Private Limited
Wow Momo Foods Private Limited
Eternalia Media Private Limited
Tata Consumer Private Limited
Sage Software, Inc.
Parle Agro Private Limited
Nirma Limited
Reliance Brands Limited
Aditya Birla New Age Hospitality
V.R. Holdings
BMW Group
Insud Pharma
Mahindra & Mahindra Limited
Vectus Polymers Private Limited and its Promoters
Capital Foods Private Limited
Warner Music India Private Limited
Wipro Enterprises Private Limited
Bandhan Financial Holdings Limited
Saregama India Ltd
Asian Paints Limited
Yves Saint Laurent
Booking.com
Trent Limited
Kirloskar Brothers Limited
Work highlights
- Advised Reliance Industries Limited and Viacom 18 Media Private Limited (Viacom 18) on its strategic joint venture with The Walt Disney Company (Disney).
- Advised and represented JSW Paints regarding the use of the term ‘SILK’.
- Acted as legal counsel to Godrej Consumer Private Limited regarding the acquisition of brands and business segregation.
India > Labour and employment Tier 1
With a pan-India presence, the team at Khaitan & Co. handles both contentious and non-contentious employment law matters related to workplace discrimination and harassment, workforce management and industrial disputes. Mumbai-based partner Anshul Prakash brings an unparalleled wealth of expertise in assisting domestic and international clients and is adept in employment litigation. Bengaluru-based Vinay Joy is a seasoned labour specialist who advises on all aspects of business transfers, and is an expert in internal investigations and domestic inquiries. Delhi-based Abhimanyu Pal‘s key strengths lie in labour standards compliance and the drafting and review of employment documents. Kruthi Murthy, based out of Mumbai, is well-versed in conducting external investigations into employee fraud and misconduct. The team is further strengthened at the senior level with the joining of Avik BiswasPractice head(s):
Anshul Prakash; Vinay Joy; Jeevan Ballav Panda; Deepak Kumar; Abhinav Rastogi; Abhimanyu Pal
Other key lawyers:
Kruthi Murthy; Srishti Ramkrishnan; Avik Biswas; Vaibhav Bhardwaj; Ivana Chatterjee
Testimonials
‘Khaitan’s employment and labour team provides holistic advisory with solution-oriented and practical advice. The firm’s specialists possess deep sector-specific knowledge, enabling them to offer effective business solutions.’
‘Anshul Prakash is an exceptional legal counsel. He has helped us navigate complex employment matters effectively. He is our go-to person for all employment advice.’
‘The team is practical, proactive and responsive. They promptly support us with any query, providing clear and practical guidance.’
‘Srishti Ramkrishnan is always ready to help, providing clear guidance that demystifies local requirements for us.’
‘The team is very proficient, results-driven and quick turn-around ability.’
‘Anshul Prakash is quite experienced in handling employment and labour laws practice and dealing with the challenges faced across the sector by the corporate world. His advice is impeccable, effective and pragmatic to support business exigencies.’
Key clients
Commonwealth Bank of Australia
Infosys Limited
Mercedes-Benz Research Development India Private Limited
Acko Insurance
Goldman Sachs Services Private Limited
Siemens Limited
SNV Aviation Private Limited
Sanofi India Limited
Invesco India Private Limited
HDFC Bank Limited
Estee Lauder
Work highlights
- Advised Lupin Limited on employment aspects of internal business restructuring.
- Advised Precision Medicine Group LLC in relation to employment aspects on the India leg of its global acquisition of Algorics Inc.
- Advised Mercedes-Benz Research Development India Private Limited on surrender of an exemption obtained under the Employees’ Provident Funds and Miscellaneous Provisions Act,1952.
India > Life sciences and healthcare Tier 1
Khaitan & Co.‘s cross practice offering provides a full service in these sectors; from IP and regulatory regimes to corporate, commercial contracts, tax and competition. This wide-ranging service is helmed by the team heads – Bharat Anand, Aditya Patni and Anand Mehta who attract an impressive range of clients including foreign and Indian corporates, funds, start-ups and social business enterprises. The team is able to keep clients appraised of the developments and risks in the sectors and so guide them through strategic decisions.Practice head(s):
Bharat Anand; Aditya Patni; Anand Mehta
Other key lawyers:
Ajay Bhargava; Kevin Peter; Mukul Agarwal; Nirupam Lodha
Testimonials
‘The IP team at KCO led by Partner Nirupam Lodha is very thorough, commercially skilled and legally well-equipped. What sets them apart is their exhaustive legal knowledge along with elements of practicality. Each team member is very dedicated to their clients and as a result their turnaround time is phenomenal. Hands down, this is our favourite team at KCO.’
‘We mostly have interactions with Partner Nirupam Lodha. Nirupam is an ace when it comes to negotiating settlement matters as well as strategising the IP matters. I have been working with Nirupam since Luthra days, and needless to say, his expertise and dedication towards clients is only increasing by the year. His vast knowledge and experience with handling a plethora of clients comes very handy for us.’
Work highlights
India > Private client Tier 1
Khaitan & Co LLP‘s private client practice attracts clients praise for its ‘extensive knowledge and experience,’ and is regularly instructed by large family businesses, individuals, and wealth managers to act on the full range of issues, both contentious and non-contentious. Direct tax specialist Bijal Ajinkya heads up the practice, which also includes senior partner Haigreve Khaitan, trusts, wills, and private wealth management expert Divi Dutta, and Anuj Shah, who focuses his practice on M&A and private equity. For succession planning and estate management, Aditi Sharma is a key port of call; Ipshita Bhuwania and Varsha Reddy are other key individuals here.Practice head(s):
Bijal Ajinkya
Other key lawyers:
Testimonials
‘They understand the philosophy and risk appetite of clients.’
‘The attentiveness to clients’ needs, prompt responses and the ability to pull in resources to address complex issues.’
‘Extensive knowledge and experience. Especially Haigreve Khaitan and Aditi Sharma.’
Key clients
Kotak Wealth Management and Kotak Trusteeship Services
Barclays Wealth Trustees
Julius Baer Wealth Advisors (India and Singapore)
Work highlights
- Advising the clientele of Kotak Wealth Management on a range of matters involving estate planning needs.
- Working with Julius Baer to provide advisory to their clients on various matters ranging from private trusts, migration and wealth offshoring, testamentary instruments and generally income tax and regulatory implications of proposed investment structures.
India > Private equity funds (including venture capital) Tier 1
Counting a diverse multitude of private equity funds, banks and hedge funds among its key roster of clients, the ‘super-collaborative’ Khaitan & Co LLP retains a broad offering that encompasses fund formation, regulatory compliance and a significant amount of private equity investment. Bharat Anand, who principally focuses on private equity investments and joint ventures, Aakash Choubey, who excels in an array of corporate and commercial transactions, and Kartick Maheshwari, who has handled significant joint ventures and investment work, jointly helm the practice. Other key names to note include the ‘very knowledgeable’ Siddharth Shah, who oversees multimillion-dollar deals, as well as Haigreve Khaitan and Shreya Dua.Practice head(s):
Bharat Anand; Aakash Choubey; Kartick Maheshwari
Other key lawyers:
Testimonials
‘The team has strong domain knowledge and also keeps itself abreast of latest developments on the regulatory side.’
‘Siddharth Shah is very knowledgeable and practical.’
‘Good advice, friendly and approachable.’
‘Great team, super collaborative and fun to meet.’
‘The team has a diversity of experience, gender, transaction type/sizes, sectors which adds a lot of different perspectives in all our discussions.’
‘They are able to draw from their experience and this makes their approach very practical on commercial aspects of the deal.’
‘The team at Khaitan knows our business really well – they understand what we care about and what we don’t, and tailor their advice accordingly.’
‘Most mandates entail a cross-section of more than one practice area of law and there is great coordination within this firm for providing access to clients on various experts, as needed for a particular matter.’
Key clients
Brookfield Asset Management
Global Infrastructure Management LLC
India Resurgence Asset Management Business Private Limited
Svatantra Microfin Private Limited
Embassy Group
Kotak Alternate Asset Managers Limited
Quadria Capital Advisors Private Limited and Maxivision Eye Hospitals Private Limited
True North
National Investment and Infrastructure Fund Limited
Niva Bupa Health Insurance and True North
Perfios Software Solutions Private Limited
Porus Laboratories Private Limited
Apax Partners LLP
Temasek
Work highlights
- Acted as the legal adviser to Brookfield Asset Management on the sale of two large commercial assets (in Downtown Powai, Mumbai and Candor TechSpace, Gurgaon), totaling 6.5 million sq ft for a combined enterprise value of $1.4bn, to a partnership of Singapore’s sovereign wealth fund, GIC and Brookfield’s Indian-listed real estate investment trust (Brookfield India Real Estate Trust).
- Advised Global Infrastructure Partners (GIP), a leading independent infrastructure fund manager, on the India aspects of its acquisition by BlackRock, Inc for a total consideration of $12.5bn to create a world-leading infrastructure private markets investment platform with over $150bn.
- Advised India Resurgence Fund in relation to the acquisition of the Active Pharmaceutical Ingredients (API) and Contract Research and Manufacturing Services (CRAMS) businesses of Ind Swift Laboratories Ltd through its portfolio company, Synthimed Labs Private Ltd, for a consideration of $200m.
India > Projects and energy Tier 1
Khaitan & Co LLP has wide experience in M&A and financing for energy projects, regularly advising on coal-based power plants as well as renewable energy developments. NCR-based Dibyanshu co-heads the practice and oversees energy mandates including joint ventures, acquistions and procurement. Also overseeing the practice from Mumbai are energy financing specialist Gahan Singh; Akhil Bhatnagar, who handles infrastructure investments and oil and gas project development; and Shivanshu Thaplyal, who covers the transport, power and mining sectors. Fellow practice co-heads are Shivanshu Thaplyal, who undertakes acquisitions from Bengaluru, and Atman Desai, who joined the Ahmedabad team from Cyril Amarchand Mangaldas.Practice head(s):
Dibyanshu; Gahan Singh; Akhil Bhatnagar; Shivanshu Thaplyal; Swathy Ramanath; Atman Desai
Testimonials
‘Khaitan is the professional team which supports you from the global point of view. They are punctual and hardworking.’
‘They provide a competitive price. They also make us trust them in many ways.’
‘Khaitan & Co. work with us on a regular basis and we are happy and satisfied with their services.’
‘Mr. Shivanshu Thapliyal understands our business and is always available to provide us with suitable solutions. He is always reachable and ready to serve the client.’
Key clients
Bharat Heavy Electrical Limited
Torrent Gas Private Limited and its subsidiaries
Global Renewable Power Company Limited
Numaligarh Refinery Limited (NRL)
Torrent Power Limited
Intermediate Capital Group P.L.C
Sumitomo Mitsui Banking Corporation and SDIEF Holdings1 Pte Ltd
MEIL Energy Private Limited
Water Access Acceleration Fund S.L.P.
Brookfield Singapore Pte Ltd
Witwicky One Private Limited
India Infradebt Limited
Asian Infrastructure Investment Bank (AIIB)
Gentari Renewables India Pte Ltd and Amplus EnergySolutions Pte. Ltd
Work highlights
- Advising Bharat Heavy Electrical Ltd on a joint venture with Coal India Ltd to set up a ‘coal-to-ammonium nitrate plant’, in line with the government of India’s policy initiatives of national coal gasification for promotion of clean coal technologies.
- Acted as adviser to Asian Infrastructure Investment Bank (AIIB) regarding due diligence of project assets and negotiating and finalising transaction documents (including closing).
India > Real estate and construction Tier 1
With notable strength in private equity investments and distressed real estate acquisitions, Khaitan & Co. counts leading developers, investors, and real estate companies among its impressive roster of clients. The group also handles contentious mandates, including land disputes and disputes arising out of construction contracts. Harsh Parikh focuses his practice on property issues, title due diligence, and redevelopment projects; Avnish Sharma takes point on the real estate front and has a strong track record advising on foreign investments, onshore and offshore structuring, and developments; and Devendra Deshmukh handles a broad array of real estate transactions. Parikh, Sharma, and Deshmukh jointly lead the practice.Practice head(s):
Harsh Parikh; Avnish Sharma; Devendra Deshmukh
Testimonials
‘Credibility and experience are key strengths. Ability to guide the client through the complexities of real estate transactions is extremely important.’
‘The team as a whole is competent.’
India > Tax Tier 1
Khaitan & Co LLP fields a sizeable taxation team with strength across the full range of transactional, contentious, and advisory matters, both concerning indirect and direct tax. On the direct taxation front, key names include Sanjay Sanghvi and Bijal Ajinkya; Sanghvi handles contentious matters before tax and transfer pricing authorities, in addition to advising on the tax aspects of corporate M&A, while Ajinkya specialises in international tax advisory and cross-border litigation. Key names for indirect tax include Dinesh Agrawal, who focuses on customs valuation, classification, and GST, supply chain tax specialist Arvind Baheti and Ayush Mehrotra, a key contact for tax controversies. Indruj Rai left the team in March 2024.Practice head(s):
Bijal Ajinkya; Dinesh Agrawal; Sanjay Sanghvi; Ayush Mehrotra; Arvind Baheti
Other key lawyers:
Avin Jain
Testimonials
‘Very good and able team, who have provided well-rounded support around revenue investigations.’
‘I recommend Ayush Mehrotra.’
‘Availability, clarity of advice, understanding of our business and product; willingness to be responsive and commercial.’
‘Avin Jain is the powerhouse of the team we work with. Bijal Ajinkya deserves a mention also.’
India > TMT Tier 1
Combining their considerable dispute capabilities with transactional and regulatory expertise, Khaitan & Co LLP is well positioned to advise global clients on technically complex mandates. New Delhi’s Harsh Walia, who principally focuses on the regulatory and transactional side, and Mumbai’s Tanu Banerjee, who excels in the commercial aspects of tech, content licensing, advertising and a variety of other mandates, jointly lead the practice. Other key names to note include Abhinav Chandan, who specialises in the realms of telecoms and data protection, and Ishan Johri.Practice head(s):
Harsh Walia; Tanu Banerjee
Other key lawyers:
Key clients
Google India Private Limited
Accenture Solutions Private Limited
Reliance Jio Infocomm Limited
Telefonica Global Solutions
LiveVox, Inc.
CtrlS Data Centers Private Limited
Vodafone Idea Limited
Panja Sports Private Limited
Warner Music India Private Limited
RP – Sanjiv Goenka Group
Tata Communications Limited
UFO Moviez India Limited
Qube Cinema Technologies Private Limited
Skipper Pipes Limited
Reliance Industries Limited
Reliance Retail Ventures Limited
Victor Tango Entertainment Private Limited
Rakuten India Enterprise Private Limited
Reliance Brands Limited
Work highlights
- Assisted Google India Private Limited with end-to-end legal support with respect to compliance with the applicable laws, launch of new service offerings, and products for Google Pay including incorporation of multi virtual payment address for payments, Aadhaar based merchant onboarding, Unified Payment Interface (UPI) based payments to international merchants, collection and processing of user data though Google Pay app etc.
- Assisted Accenture Solutions Private Limited in with various legal and regulatory requirements relating to deployment of cloud-based contact centre solutions, marketing and advertising campaigns, telemarketing and data processing practices, among others.
- Advised Reliance Industries Limited (RIL) and Viacom 18 Media Private Limited in structuring and negotiating their strategic joint venture with The Walt Disney Company to merge the digital streaming and television assets of The Walt Disney Company and certain group entities with Viacom 18 Media Private Limited.
India > White-collar crime Tier 1
The ‘substantively strong and extremely commercial’ white-collar crime and corporate investigations team at Khaitan & Co. runs the gamut of matters, handling investigations, enforcement action, and regulatory compliance work. Ajay Bhargava advises on corporate criminal investigations, Susmit Pushkar handles agency enforcement investigations, while Rajiv Bhatnagar takes point on criminal prosecutions relating to money laundering, corruption, the Fugitive Economic Offenders Act, and the PBPT act. ‘Terrific practitioner‘ Manavendra Mishra specialises in anti-corruption investigations and cross-border disputes and Vinay Joy is the name to note for whistleblower investigations; Bhargava, Pushkar, Bhatnagar, Mishra, and Joy jointly lead the team. In August 2024, the team was further strengthened with the arrivals of Avik BiswasPractice head(s):
Ajay Bhargava; Susmit Pushkar; Rajiv Bhatnagar; Manavendra Mishra; Vinay Joy
Other key lawyers:
Testimonials
‘I have worked with the team on a complex cross-border litigation and investigations matter spanning India, Hong Kong, Singapore, UK and US, and have found them both substantively strong and extremely commercial in their approach.’
‘Manavendra Mishra is a star of the white-collar bar in Mumbai, and a terrific practitioner to partner with. He is smart, ultra-responsive, well-connected, and personable.’
‘Manavendra Mishra has built a solid base and excellent reputation in this practice area. He is very much a trusted advisor for clients.’
Work highlights
India > Restructuring and insolvency Tier 2
The restructuring and insolvency practice at Khaitan & Co LLP is a popular choice for resolution professionals, lenders, and financial institutions, among others, due to its aptitude in handling high-value, high-profile, and cross-border matters. The group has extensive experience assisting with corporate insolvency resolution processes, resolution applications, and debt settlements. Kumar Saurabh Singh is instructed by lenders, equity investors, and borrowers and stands out for his expertise in debt and non-performing account restructuring, while Siddharth Srivastava is a notable name because of his prowess in dealing with insolvency resolution processes and financing matters. He predominantly represents resolution professionals, financial and operator creditors, and bidders. Riya Agicha concentrates on debt financing and stressed asset resolutions.Practice head(s):
Kumar Saurabh Singh; Ashwin Bishnoi; Siddharth Srivastava; Rajeev Vidhani; Mehul Shah; Raj R. Panchmatia; Nikhil Narayanan
Other key lawyers:
Testimonials
‘We’ve been consistently impressed by the exceptional service from the restructuring and insolvency team at Khaitan & Co. Their deep experience and strategic approach to complex cases have been a game-changer for our business.’
‘Their expertise in handling cross-border insolvencies and managing crises proactively really sets them apart.’
‘What really stands out is their innovative use of AI-driven analytics, making case handling more efficient and providing us with predictive insights.’
‘The team’s commitment to diversity and collaboration brings fresh perspectives to our challenges, leading to creative and comprehensive solutions.’
‘The individuals at Khaitan & Co’s restructuring and insolvency practice truly stand out due to their exceptional expertise, dedication, and personalised approach. Compared to competitors, they possess a deep understanding of our industry and consistently anticipate our needs.’
‘Their commitment to communication, transparency, and collaboration has fostered a strong and trusting relationship, making us feel genuinely supported and confident in their capabilities.’
‘The practice stands out due to its expert knowledge of IBC matters and the positive attitude of team.’
Key clients
Shailendra Ajmera, Resolution Professional of Go Airlines (India) Limited (“Go First”)
Resolution Professional of Era Infra Engineering Limited (Client/EIEL)
Reliance Industries Limited
Resolution Professional of GVK Power (Goindwal Sahib) Limited
Edelweiss Alternative Asset Advisors Limited (“EAAAL”)
Monitoring Committee of GVK Power (Goindwal Sahib) Limited (“GVK”)
Nippon Life Insurance Company (“NLI”)
Dalmia Bharat Refractories Limited
State Bank of India, Bank of Baroda, Bank of India, Bank of Maharashtra, Canara Bank, Central Bank of India, Federal Bank, IDBI Bank Limited, Karnataka Bank Limited, Karur Vysya Bank, Punjab National Bank, Punjab Sind Bank, Small Industries Development Bank of India, South Indian Bank, UCO Bank and Union Bank of India.
Ultratech Cement Limited
Innova Captab Limited (ICL)
Torrent Power Limited
Dharampal Satyapal Limited
Piramal Capital & Housing Finance Limited
Pravin R Navandar, the resolution professional of VOVL Limited
A1 Infrastructure Limited
Consortium of lenders comprising of Axis Bank Limited, State Bank of India, Punjab National Bank, Bank of Maharashtra, Canara Bank and Bank of Baroda
Consortium of KGK Realty Private Limited and Dhoot Infrastructure Limited
Nomura Investments (Singapore) Pte. Ltd. and Asset Care & Reconstruction Enterprise Limited
Ceigall India Limited
IndusInd Bank Limited
Mr. Ajit Jain, the Resolution Professional of Perpendicular Construction Private Limited
Vedanta Limited
Mr. Ajit Jain, the Resolution Professional of Brownish Realty Private Limited (Client)
Prakash Traders
Mr. Ajit Jain, the Resolution Professional of Coast Town Planners Private Limited
Vijaykumar V. Iyer, the resolution professional of SES Energy Services India Private Limited
Mr. Ajit Jain, the Resolution Professional of Drastee Realcon Private Limited (Client)
Virender Jain and Sunteck Realties Limited
Mr. Ajit Jain, the Resolution Professional of Coast Realtors Private Limited
Entertainment Networks Limited
Mr. Ajit Jain, the Resolution Professional of Mabsoot Buildhomes India Private Limited
Sunteck Realties Limited
REC Limited (Lead Lender) and committee of creditors of Bhadreshwar Vidyut Private Limited
Unity Small Finance Bank Limited
VS Holding LLP
Enzen Global Solutions Pvt Ltd
Axis Asset Management Company Limited
Work highlights
- Advising the resolution professional in accordance with the provisions of the Insolvency and Bankruptcy Code, 2016 (“IBC”) and Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”).
India > WTO/international trade Tier 2
Working in close collaboration with the firm’s tax practice, the international trade team at Khaitan & Co. stands out for its expertise in indirect tax-related trade issues. Under the leadership of indirect tax specialist Sudipta Bhattacharjee, the group advises clients in the tech, metals, and manufacturing industries on anti-dumping investigations, GST matters, and customs issues; key names here include Dinesh Agrawal and Udayan Choksi.Practice head(s):
Sudipta Bhattacharjee
Other key lawyers:
Testimonials
‘A very good team.’
India > Aviation (including aerospace and defence) Tier 3
India > Fintech and financial services regulatory Tier 3
Khaitan & Co LLP fields an ‘excellent team of fintech lawyers with strong legal and market knowledge,' with notable strength in investment and transactional mandates. Key names in the team include securities regulatory specialist Moin Ladha; Niren Patel and Vidushi Gupta, who co-head the financial services regulatory offering; and Sanjay Khan Nagra, a key name for emerging tech and fintech instructions. Ladha, Patel, Gupta, and Nagra jointly lead the offering, working alongside Prashanth Ramdas, another key name on the financial services regulatory front.Practice head(s):
Moin Ladha; Niren Patel; Sanjay Khan Nagra; Vidushi Gupta
Other key lawyers:
Prashanth Ramdas; Riddhiman Sarkar
Testimonials
‘The team is receptive to commercial requirements and exhibits unique out-of-the-box thinking to ensure client requirements can be met within the applicable regulatory framework.’
‘Prashanth Ramdas has been our main contact at KCO. He and his team have always been available, most times on very short notice, and have actively sought to understand the various businesses and products within our group. Prashanth’s inputs have been key in some of our high-level strategic decision-making.’
‘All the partners and team members have been exceptional.’
‘We’ve had the pleasure of working closely with the Bangalore team led by Prashanth on several digital initiatives for financial services. They consistently impressed us with their responsiveness and their deep understanding of current market trends.’
‘They’ve demonstrated outstanding responsiveness, consistently meeting deadlines and being readily available. Their clear and collaborative communication style fostered a smooth and efficient experience.’
‘In the cross-border payments space, their domain knowledge is very good’
‘I work with Prashanth and Riddhiman Sarkar. Both are exceptionally dedicated and provide timely advice.’
‘Excellent team of fintech lawyers with strong legal and market knowledge. Client-driven approach quality of the output is never compromised.’
Khaitan & Co LLP > Firm Profile
The firm: Founded in 1911, Khaitan & Co is a heritage law firm that has been a trusted adviser to leading business houses, multinational corporations, global investors, financial institutions, governments, and international law firms for over a century. Combining its rich legacy of over 100 years with modern, cutting-edge and solution-oriented approach, the firm offers full-service legal solutions to its domestic and international clients across diverse practice areas.
With a team of over 1204 fee earners, including 225 partners and directors, the firm boasts unparalleled expertise and experience, handling high-profile and path-breaking engagements. Khaitan & Co operates a pan-India presence through its offices in Ahmedabad, Bengaluru, Chennai, Kolkata, Mumbai, NCR Delhi, and Pune, complemented by its international office in Singapore.
Khaitan & Co’s expertise spans the entire spectrum of Indian law practice areas, consistently recognised by various leading international directories and publications including Chambers and Partners, Legal 500, IFLR 1000, Benchmark Litigation, India Business Law Journal, Asialaw Profiles, Asian Legal Business, GAR100, Managing IP, World Trademark Review 1000, ITR Asia Pacific Tax, Financial Times, RSG India Report and many more.
The firm’s practice is built on a responsive and relationship-driven approach, assisting clients through critical business issues across the lifecycle. Its specialist teams bring sector-specific, subject-matter, and jurisdictional knowledge, offering tailored business solutions through a matrix project-staffing structure.
Khaitan & Co is an independent law firm with strong international capabilities, routinely collaborating with leading global law firms on inbound and outbound assignments. Its cross-jurisdictional work spans multiple geographies and transactions across diverse practice areas.
Main Contacts
Department | Name | Telephone | |
---|---|---|---|
Senior Partner | Haigreve Khaitan | +91 22 6636 5000 | |
Corporate & Commercial, Joint Venture & Collaboration, Mergers & Acquisitions, Private Equity, Regulatory | Rabindra Jhunjhunwala | +91 22 6636 5050 | |
Banking and finance | |||
Equity Capital markets | |||
Competition/antitrust | |||
Corporate/commercial and M&A | |||
Dispute resolution | |||
Energy, infrastructure and resources | |||
Environment | |||
Estate planning, trusts and private clients | |||
Funds | |||
Hospitality | |||
Intellectual property | |||
Labour and employment | |||
Private equity | |||
Real estate | |||
Taxation (direct and indirect) | |||
Technology, media and telecom | |||
White-collar crime |
Lawyer Profiles
Photo | Name | Position | Profile |
---|---|---|---|
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Mr Rabindra Jhunjhunwala | Partner | View Profile |
Staff Figures
Partners : 225 Number of Lawyers : 979Languages
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Focus On
Indian Labour Law Update
India’s labour and employment law landscape is in the midst of a pivotal transformation. From the shaping up of corresponding state-specific rules under the proposed Indian labour codes, to the recognition of the gig and platform economy within the Indian labour law regime, the intent has been to ensure that these laws remain contemporary and in accordance with the evolving Indian market.
Introduction
In India, the labour law regime is governed by various statutes and regulations, including both central and state-specific legislations. In fact, there are certain central labour law statutes under which the state government has formulated state-specific rules. For an establishment to ensure compliance with the labour laws in India, it has to compulsorily adhere to both the central and as well as state-specific labour law statutes. Various employment-related laws in India can be broadly categorized into four main areas: industrial relations, wages, social security measures and safety, health and working conditions of the employees.
The applicability of most of the labour law statutes in India is subject to the employee threshold as set out under each of them, such as the Employees’ Provident Funds and Miscellaneous Provisions Act 1952 (“EPF Act”) which applies to establishments employing 20 or more employees. In the event, the establishment has not met the employee threshold specified under the EPF Act vis-à-vis the applicability, the establishment will not be mandatorily covered under this law. Further, an establishment to which the EPF Act applies shall continue to be governed by the EPF Act notwithstanding that the number of persons employed subsequently falls below 20.
Through this article, we have summed up the significant updates in the Indian labour law space that have transpired recently.
Extending the Social Security Net: The Evolving Legal Landscape for Gig Workers in India
The exponential rise of the gig and platform economy in India has challenged the conventional employer–employee relationship that has historically underpinned statutory protections under Indian labour laws. With millions of individuals engaging in non-traditional work arrangements—whether in ride-hailing, food delivery, logistics, or freelance digital services, the Indian legal system has begun to acknowledge the need for a new robust framework that recognises and regulates this segment of the workforce. In recent years, both state and central governments have initiated steps to institutionalise social security protections for gig and platform workers. These measures reflect a conscious shift from exclusion to inclusion—acknowledging that platform-based workers deserve the same degree of social protection traditionally reserved for formal employees.
In a landmark development, the state of Rajasthan became the first Indian state to enact a statute specifically targeted at regulating platform-based gig work. The Rajasthan Platform-Based Gig Workers (Registration and Welfare) Act 2023 lays the foundation for a formalised system of social protection. The legislation mandates the registration of both gig workers and aggregators and provides for the establishment of a dedicated welfare board, namely the Rajasthan Platform-Based Gig Workers Welfare Board, empowered to design and administer benefit schemes for such gig workers.
Following Rajasthan’s lead, the government of Karnataka released the draft Karnataka Platform Based Gig Workers (Social Security and Welfare) Bill, 2024. While yet to be enacted, the draft legislation reflects an intent to establish a more holistic regulatory framework. Like its Rajasthan counterpart, it provides for the constitution of a welfare board and the creation of a social security fund, to be financed through contributions from aggregators, workers themselves, and public grants.
At the national level, the Code on Social Security 2020 (“SS Code”) represents a major legislative milestone. For the first time in Indian legal history, gig and platform workers are recognised as distinct categories of labour entitled to social security coverage. The SS Code empowers the Central Government to formulate schemes tailored to the needs of this segment and envisages the establishment of a National Social Security Board to oversee their implementation.
The SS Code’s funding structure is envisaged as a collaborative model, drawing contributions from the Central and State Governments, aggregators, and other stakeholders. However, despite its potential, the SS Code remains unenforced as of May 2025, pending formal notification and the issuance of underlying state-specific rules. Its eventual implementation will be critical in ensuring a consistent, pan-India framework for gig workers’ social security and enforcement.
Labour Codes: Journey So Far
The years 2019 and 2020 have seen major development on the Indian employment and labour law front wherein the President of India granted his assent to the four labour codes on wages, social security, industrial relations and working conditions i.e., (i) The Code on Wages 2019; (ii) The SS Code; (iii) The Industrial Relations Code 2020; and (iv) The Occupational Safety, Health and Working Conditions Code 2020.
These codes aim to consolidate and consequently replace 29 central labour laws. They are yet to be brought into force, barring certain provisions relating to (a) employees’ pension fund, (b) Central Advisory Board on minimum wages, and (c) identification of workers and beneficiaries through Aadhaar number for social security benefits. Moreover, even if the codes are brought into effect, the same would require the issuance of rules, schemes, and notifications of the relevant state governments to have a comprehensive revised compliance regime.
Under the labour codes, the ‘appropriate government’ for an establishment can be the Central Government or the state government, depending on the nature of its operations or the existence of multi-state operations. Such appropriate government has the power to inter alia issue rules detailing some of the substantive aspects broadly set out under the codes and also prescribing procedural compliances such as filings, maintenance of registers, etc. In the past year, several key industrialised states such as Haryana, Delhi, Maharashtra, Gujarat, Andhra Pradesh, Telangana, Tamil Nadu, and Karnataka released draft rules under some or all of the labour codes for public consultation. As of now, certain states are yet to publish draft rules on the code on wages, code on industrial relations, social security and occupational safety, health and working conditions.
One of the salient features of the proposed labour codes shall be the inclusion of a proviso to the definition of ‘wages’. As per the proviso, if the expressly excluded components exceed 50% of the overall remuneration (i.e., the ‘wages’ bucket + expressly excluded components), then some portion of these expressly excluded components will be taken out and added to the ‘wages’ bucket, idea being to bring ‘wages’ bucket to 50% level at the time of making various computations such as gratuity, social security contributions and leave encashment. This, however, does not mean that the quantum of the ‘wages’ bucket will have to be increased to 50% level – all that the codes state is that if the ‘wages’ portion of the remuneration falls short of 50%, then some portion of the expressly excluded components specified in the definition of ‘wages’ should be taken out and added to the ‘wages’ portion at the time of making computation of payments such as gratuity, leave encashment, etc.
Social security contributions such as employees’ provident fund contributions have to be computed basis the definition of wages under the codes. Gratuity, overtime, leave encashment and retrenchment compensation may see some impact due to maintenance of ‘wages’ at least at 50% level.
Karnataka High Court deems Special Provisions for “International Workers” under the EPF Act Unconstitutional
In the case of Stone Hill Education Foundation v Union of India and Others [Writ Petition Number 18486 of 2012], the Karnataka High Court invalidated paragraph 83 of the Employees’ Provident Funds Scheme, 1952 (“EPF Scheme”) and Paragraph 43A of Employees’ Pension Scheme, 1995 (“EPS Scheme”), which contain special provisions for social security contributions to be made to international workers, as being violative of Article 14 of the Constitution of India.
The petitioners in this case challenged the constitutionality of Paragraph 83 in the EPF Scheme and Paragraph 43A of EPS Scheme wherein they argued that requiring contributions for international workers to be made on their entire salary (without any capping) was arbitrary and violative of Article 14 of the Constitution of India. The court held that it was unconstitutional to treat “non-citizen employees working in India” differently from “employees who are citizens of India”, when both sets of workers are employed in India and are equals. The court further noted that while contributions towards employees’ provident fund contributions in India for an Indian employee working in a social security agreement (“SSA”) country are capped, a foreign national from a non-SSA country working in India is required to contribute to their employees’ provident fund contributions in India without any cap. Such a distinction among international workers based on nationality was held to be discriminatory.
Significance: India has established SSAs with various countries to ensure continuity of social security benefits, avoid dual contributions, and facilitate mobility of labour across borders. These bilateral arrangements are intended to safeguard the social security rights of employees on international assignments by enabling reciprocal benefits between partnering nations. The judgment carries significant implications for international workers (foreign nationals), as it may prompt a substantial shift in the methodology used to compute employees’ provident fund contributions for this category of employees. If the Employees’ Provident Fund Organisation or the Supreme Court of India consider this ruling further, the regulatory framework governing international workers could undergo notable changes.
Looking Ahead: Challenges and the Road to Realisation
These important developments, collectively mark a fundamental evolution in Indian labour law. However, the effectiveness of these reforms will depend heavily on robust implementation, consistent funding, institutional capacity, and continued stakeholder engagement, as relevant and appropriate.
About the Firm and Employment, Labour and Benefits team
Khaitan & Co is one of the oldest, national, top tier premier full-service law firm with over 1200 legal professionals, including 300+ leaders with presence in 7 states in India (Delhi, Gujarat, Karnataka, Maharashtra, Tamil Nadu, Uttar Pradesh and West Bengal) and Singapore. With more than a century of experience in practicing law, we offer end-to-end legal solutions in diverse practice areas to our clients across the world. We have a team of highly motivated and dynamic professionals delivering outstanding client service and expert legal advice across a wide gamut of sectors and industries.
The employment law practice team comprises of around 50 lawyers including 7 partners and 3 counsels, spread across various offices in the country (Mumbai, Bengaluru and Delhi). The team provides commercially oriented and practical advice on areas and events around business sale and acquisitions, change of ownership, employee benefits including equity-based incentive schemes, employment agreements and policies, trade union related issues, workplace diversity and discrimination issues. We routinely conduct staff training on workplace ethics and anti-bribery issues. We also work closely with our clients on CXO recruitment, exits and separation agreements, secondment and consulting agreements, employee disputes and disciplinary inquiries and investigations and sexual harassment related situations. We also specialise in contract labour and alternate employment arrangements, whistle blower complaints, employee grievance redressal, workforce restructuring, staff re-classification and mobility, workplace health and safety issues as well as immigration advisory.
Press Releases
Sharper regulatory focus, green shoots for insurance and green hydrogen players expected in 2023: Khaitan & Co
17th February 2023 Sharper laws, active regulatory oversight and new reforms to encourage foreign investments in promising sectors can provide a springboard to the economy, according to “Foresight 2023” released today by Khaitan & Co, a leading full-service law firm. The renewable energy sector is likely to see a tremendous boost because of several government initiatives, especially on green hydrogen. A new policy to allow foreign direct investment (FDI) into the space sector is also expected, along with likely production linked incentive (PLI) schemes for the makers of green hydrogen and electrolyzers. Insurers may also be granted more licenses and relaxed FDI rules will favour robust deal activity in the insurance sector.Legal Briefings
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Key considerations for foreign investors in the Indian insurance market
With over fifty insurers today, aggregate premiums of approximately $82.8bn in the financial year 2019, and insurance penetration levels in 2018 of 3.70% (compared to a global average of 6.09%), India is an exciting insurance market, offering growth opportunities for international investors. However, foreign direct investment (FDI) caps and other regulatory issues have meant that … -
M&A and investment in the Indian insurance market – key drivers
India is the under-insured relative to other more developed economies and the Indian insurance market offers considerable growth opportunities. This has led to significant strategic and private equity investment in this sector in the past. Going forward, the growth story remains, but investment and M&A transactions will also be driven by certain critical regulatory issues … -
The Indian insurance market: key developments
The Indian insurance market is in an exciting phase of development. The market has always been considerably under-insured and this has always made India strategically important for international investors, but three key developments are driving further change. First, regulatory and market developments are facilitating greater M&A activity. Second, the emergence of new distribution channels is …
Comparative Guides
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India: Private Client
Published: January 2025
Authors: Aditi SharmaDaivik Chatterjee We would like to acknowledge the invaluable contribution and assistance of Avin Jain (Principal Associate) in preparing this Chapter guide.
This country-specific Q&A provides an overview of Private Client laws and regulations applicable in India.
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India: Gambling Law
Published: January 2025
Authors: Ganesh Prasad Surbhi Kejriwal Aniruddha Basu Insaf Ahamad
This country-specific Q&A provides an overview of Gambling laws and regulations applicable in India.
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India: Private Equity
Published: January 2025
Authors: Bharat AnandMayank SinghRitu ShaktawatSiddharth Srivastava
This country-specific Q&A provides an overview of Private Equity laws and regulations applicable in India.
- Antitrust and competition
- Banking and finance
- Capital markets
- City focus: Chennai > Leading firms
- Corporate and M&A
- Data protection
- Dispute resolution: arbitration
- Dispute resolution: litigation
- Insurance
- Intellectual property
- Labour and employment
- Life sciences and healthcare
- Private client
- Private equity funds (including venture capital)
- Projects and energy
- Real estate and construction
- Tax
- TMT
- White-collar crime
Top Tier Firm Rankings
- Restructuring and insolvency
- WTO/international trade