Heard Mr.Dipak R. Dave, learned advocate for the petitioner. It is submitted by him that the impugned notice dated 03.07.2012 issued by the Deputy Commissioner of Labour and Inspector, Sales Promotion Employees (Conditions of Service) Act, 1976 ("the Act", for short), Ranchi, has been issued without jurisdiction, as the petitioner has no establishment outside the State of Gujarat, within the meaning of Section-2(a) of the Act. It is further submitted that the Labour Officers of the Government of Gujarat are regularly visiting the establishment of the petitioner and carrying out inspections. That the Administrative Office of the petitioner is situated in Gujarat and there is no branch or office outside the State. All the HC-NIC Page 1 of 3 Created On Tue Jul 12 02:32:15 IST 2016 SCA/9992/2012 2/3 ORDER sales promotion employees are appointed from Gujarat and the conditions of service of employees are governed from the Administrative Office at Gujarat. The appointment letters issued to the employees are also from Gujarat and the presence of all the employees is being marked through F.F.R. (Internet Reporting) at the Administrative Office at Ahmedabad. It is further submitted that the salary of the employees and the expenses are disbursed from the Administrative Office of Gujarat and the records, registers and service-books are also maintained at Gujarat. It is contended that not only is the impugned notice without jurisdiction, but it also does not mention the years for which the record is called. Moreover, the respondent has never entered into the establishment of the petitioner, as is required by the law, therefore, he is not empowered to call for the documents mentioned in the impugned notice.
Issue Notice returnable on 20.08.2012. By way of ad-interim relief, it is directed that the implementation, execution and operation of the impugned notice dated 03.07.2012, shall remain stayed, till then.
In addition to the normal mode of service, Direct Service through Speed Post, at the cost of the petitioner, is also permitted.
(Smt. Abhilasha Kumari, J.) Gaurav+ HC-NIC Page 3 of 3 Created On Tue Jul 12 02:32:15 IST 2016