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Rajeev Bhargava (Director)     31 December 2009

shop and establishment act, mumbai

In mumbai no one came to us , no inspector , suddenly we received summon from MMM.  Does any one knows remdedy. We are told that we can be fined heavily and director who does not live in Mumbai can be prosecuted and warrants will be issued if they do not produce themselves in MMM in Mumbai .  Any suggestios?  Agree that we did not register under shop and establishment , but dont the department give any notice or warning

Please call on 9810021514 if Some one is willing to give us legal advise and consultaion and ofcourse we will pay fee

Rajeev

 

 



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 7 Replies

V. VASUDEVAN (LEGAL COUNSEL)     31 December 2009

 This query needs brief information like the date of commencement of business of the establishment in Mumbai, the number of people working, the summons are received for 

what offence etc.

vasudevan

Sunita Lad (Advocate and Consultant)     31 December 2009

Details are required with reference to the work engaged in , since how long? what breach/offence alleged. Since you have stated that it is a summon than has the notice come from court or is it a notice calling for your explanation by the departmen? From your notes it appears that it is a notice from the court. Pl. clarify so that further action can be advised.

Rajeev Bhargava (Director)     01 January 2010

we are doing business of packers and movers in mumbai for about 8 months and employ about 30 people including unskilled workers. their charge is nto putting company name in Devnagiri scriptt.  Not shown them inspector register of visits when none came.  Third charges that we have not done registration.  summon has come from Magistrate

Rajeev Bhargava (Director)     01 January 2010

we are doing business of packers and movers in mumbai for about 8 months and employ about 30 people including unskilled workers. their charge is nto putting company name in Devnagiri scriptt.  Not shown them inspector register of visits when none came.  Third charges that we have not done registration.  summon has come from Magistrate

Sunita Lad (Advocate and Consultant)     01 January 2010

 Pl. go through the provisions of sec. 52 of the Bombay Shops and Establishments Act.For non registration of the establishment the punishment provided is , the employer and manager shall, on conviction each be punished (for each offence) with fine which shall not be  less than [ one thousand rupees] and which may extend to [five thousand rupees].

I suggest that you apply for registration and also maintain the records as provided under the act and in the mean time attend to the court case , else the court may proceed with issuing warrant due to non appearance.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     02 January 2010

The offence charged with is not so serious and you have not to worry. As suggested by other experts also get your establishment registered and face the fine. court shall definitely take a lenient view as you have got it registered now. You can contact me if you require at my cell no. 09416058227.

hiren chheda (LABOUR LAW ADVISOR)     03 January 2010

DEAR RAJEEV

AS ALL HAVE MENTIONED THERE IS NOTHING TO WORRY, AT MMM YOU CAN DEPUTE ANY ONE ON YOUR BEHALF AND ADMIT THE CHARGES & PAY THE FINE. BUT BEFORE THAT GET YOUR SELF REGISTERED UNDER S/E. IN CASE FRO PROFESSIONAL HELP PL CALL ON 09821078457 AT MUMBAI.

HIREN CHHEDA

09821078457


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