Madhu.T.K
Industrial Relations And Labour Laws
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

Thread Started by #guptaadi1978

Dear Friends,
We are doing a construction project at Lucknow. For that we have set up a Project Office at SIte. Please let me know if that premises will be covered under the Shops & Establishments Act.
Thanks
Aditya Gupta
3rd June 2012 From India, New Delhi
Site office will come under the State’s Shops and Commercial Establishments Act. Madhu.T.K
4th June 2012 From India, Kannur
I do not think that a legal commentary or case law is required to establish it. A factory where a manufacturing activity is carried out is covered under the Factories Act, mine is covered under the Mines Act or a Plantation is covered under Plantation Labour Act. All these Act speak about registration of the establishment and provide for health, safety and welfare of the people employed therein. An establishment which will not come under these Acts like an administrative office, sales office or depot where there is only support functions carried out should also be registered and follow some guidelines for health, safety and welfare of the people employed in such offices. Obviously an admin. office which is situated within the boundaries of the factory, mine or plantation will be under the Factories Act, Mines Act or Plantation Act, as the case may be. Those outside the boundaries or situated away from the factory, mine or plantation will not be covered by the respective Act and for that the State Act meant for shops and commercial establishments will apply.

Madhu.T.K
20th March 2015 From India, Kannur
Reference may be made to the decision in case of Management of MRF Tyres v SND Sampath decided in 2008 holding that an employee on transfer to different State office will be governed by the respective State Shop and Establishment Act in which the branch office is situated.
Thanks
Sushil
20th March 2015 From India, New Delhi
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