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S V Narayanan (Personnel Manager)     06 March 2010

Shops Act applicability to Private Telecom companies

As per the provisions of Shops & Establishment Act it is not applicable to Telecom companies....however this is not yet amended after private players entered in the field...no change in the applicability...is there any judgements delivered by any High Court that this Act is applicable to Private Telecom Companies?  Please help...



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 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     06 March 2010

Dear Mr. Narayanan,  are you looking for any specific state - please clarify

vasudevan

Sarjooram Sharma (Assistant Labour commissioner)     06 March 2010

In U.P. the Shops Act is applicable on private telecom companies.

S V Narayanan (Personnel Manager)     07 March 2010

In West Bengal, Karnataka & Haryana Shops Act is not applicable to 'telephone services'...i learnt that there is judgement to apply this Act to private companies in these states...my doubt is the courts are there to give intepretation and not for changing the provisions any law...amendments are empowered with Assembly/Parliament or with Government....Please adivse

S V Narayanan (Personnel Manager)     07 March 2010

Thanks sajooram ji...can you please quote the respective provision in UP Dhookan Aur Vanijiya Adhistan Adhiniyam,...

Sarjooram Sharma (Assistant Labour commissioner)     13 March 2010

Telecom companies are not exempted yet.

V. VASUDEVAN (LEGAL COUNSEL)     15 March 2010

The application of the UP Dookan Aur Vanijya Adhishthan Adhiniyam 1962 is set out in Chapter 1, Section 1(3). As per Schedule II of the Act,. the provisions of Section 5 (Hours of Business) and Sec.8 (Close days) shall not apply to several categories of shops and comm.establishments -Sl.No.14 covers shops and comm.estabs. which are not related mfg.process but which are, exclusively or mainly dealing in electronic transaction processing, internet and voice customer care service, call centres, software designing and developments, cubercafe/kiosk,PCO fax and email services. (Notification No.3500/36-3-2000-1-99 dt 22.12.2000

vasudevan 

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