Dear Sir/Madame
Recently I have joined in a Limited company HO at Bangalore. The issue is our establishment is registered under Shop & Establishment Act 1963 of West Bengal and it had been renewed this year. Previously in Form H Saturday Half holiday was shown but only 2nd Saturday remain full holiday, but when I gone to renewal I mentioned that fact and the inspector had directed that either we have to maintain half holiday in Saturday or we have to give Full Holiday at 2nd and 4th Saturday. Now my question is does Shop And Establishment act office can able ti force us to do so?
2nd question if we not follow what may be happen? If any raid is done by the concern department what consequence may be happen?
Please suggest me its urgent.
Regards
Tupai
From India
1Recently I have joined in a Limited company HO at Bangalore. The issue is our establishment is registered under Shop & Establishment Act 1963 of West Bengal and it had been renewed this year. Previously in Form H Saturday Half holiday was shown but only 2nd Saturday remain full holiday, but when I gone to renewal I mentioned that fact and the inspector had directed that either we have to maintain half holiday in Saturday or we have to give Full Holiday at 2nd and 4th Saturday. Now my question is does Shop And Establishment act office can able ti force us to do so?
2nd question if we not follow what may be happen? If any raid is done by the concern department what consequence may be happen?
Please suggest me its urgent.
Regards
Tupai
From India
Dear Tupai,
When there is an explicit provision relating to any matter covered by a Statute applicable to a particular territorial jurisdiction, you have to simply comply with it as long as your establishment is within its jurisdiction and any deviation can be visited with penal action. If you have got branches elsewhere, they would be covered by the provisions of the similar territorial Acts only. If there is any inconsistency between similar territorial statutes in respect any particular aspect of service condition, naturally the one more benefecial will prevail over the other and as such no prudent enforcement authority will insist on the letter of the law.
From India, Salem
When there is an explicit provision relating to any matter covered by a Statute applicable to a particular territorial jurisdiction, you have to simply comply with it as long as your establishment is within its jurisdiction and any deviation can be visited with penal action. If you have got branches elsewhere, they would be covered by the provisions of the similar territorial Acts only. If there is any inconsistency between similar territorial statutes in respect any particular aspect of service condition, naturally the one more benefecial will prevail over the other and as such no prudent enforcement authority will insist on the letter of the law.
From India, Salem
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