Is Our Construction Site Office in Lucknow Subject to the Shops & Establishments Act?

Inquiry on Project Office Compliance

We are conducting a construction project in Lucknow. For this purpose, we have established a Project Office at the site. Please inform me whether these premises will be covered under the Shops & Establishments Act.

Thanks,

Aditya Gupta

Site Office Compliance

The site office will come under the State's Shops and Commercial Establishments Act.

Regards,
Madhu.T.K

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, a mine is covered under the Mines Act, or a plantation is covered under the Plantation Labour Act. All these Acts speak about the registration of the establishment and provide for the 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 only support functions are carried out, should also be registered and follow some guidelines for the health, safety, and welfare of the people employed in such offices. Obviously, an administrative office 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.

Regards,
Madhu.T.K

Reference to Legal Decision on Employee Transfer

Reference may be made to the decision in the case of Management of MRF Tyres v SND Sampath decided in 2008. The decision held that an employee transferred to a different state office will be governed by the respective State Shop and Establishment Act in which the branch office is situated.

Thanks,
Sushil