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Aam Aadmi   28 April 2022

Which states shops and establishment act is applicable in this case?

A reputed Indian IT company headquartered in Bangalore (Karnataka). Has offices in multiple cities. Concerned candidate / employee has been offered for a position for their Kolkata office (Joining location: Kolkata)

If this person wishes to approach Labour office regarding some dispute, which state's shops and establishments act will apply in this case?

If it is Karnataka's shops and establishment act which will apply, is there a way a person residing in different state can discuss the matter with concerned labour officer via phone or travelling and meeting in labour office is only option? Given phone numbers on labour office websites of course don't work / are not answered. 



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     29 April 2022

Try online grievance redressal, the local laws of located office determines the jurisdiction.  You can file online RTI application with Rs.10/- fee and can seek any information from the Labour Ministry..

Aam Aadmi   29 April 2022

If offices are located in multiple cities, local state specific shops and establishment act will apply based on employee's work location of the registered / headquarter location of the establishment's state?

Sai Krishna   29 April 2022

Dear Querist,

Section 20 of the Civil Procedure Code states that “A corporation shall be deemed to carry on business at its sole or principal office or, in respect of any cause of action arising at any place where it has also a subordinate office, at such place”.  Thereby this person can file a suit in Bangalore or in Kolkata. The jurisdiction would be determined thereby sSops and Establishments Act to that particular area would be applied.

 

Thank You.

Aam Aadmi   29 April 2022

Need help from some labour lawyer or expert in the field of shops and establishments act and joining related formalities and legalities. Please comment or PM. Very urgent


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