Seeking clarification on permission of living quarter inside plant premises.
Anthony
(Querist) 30 January 2014
This query is : Resolved
Honorable sir / madam,
With the reference of above subject i would like to state that, " We have got a situation in our project site regarding the stay of foreign officials to execute a captive power plant project."
Hence, These foreigners been allowed to stay inside the plant premises and been allowed to construct there quarters. and been allowed to stay after work. all related documents and documentation indicates that these living quarters are their address proof.
The Problem > The owner of the ( as this is a Captive power Plant) Factory, now after 5 years of the project is not cooperating with us and asking to vacate the living quarter.
1)What can we do?
Not allowing the family members to go inside the living quarter?
2) what are the clauses regarding the same in factory act are there? as owner is saying that due to factory act they can't allow the family members inside the living quarter.
3) Being Foreign company and foreigners and citizen of China. what legal steps can be taken in India.
Looking forward to your generous and tactical reply regarding the same.
with deep regards,
Anthony.
Devajyoti Barman
(Expert) 30 January 2014
The query is silent on most vital points-
1. Who commissioned the project,any PSU?
2. What is the role of foreigners and who hired them?
3.What is the agreement between the Govt./PSU or Private player with the engineers/foreigners?
On reply of these questions I can give a proper reply.
ajay sethi
(Expert) 30 January 2014
commercial query . engage a local lawyer
Anthony
(Querist) 30 January 2014
oooooooops sorry i missed those.
Well, it is private company with 49 % stake of Govt. Management run by the Private Player. who is our client.
Foreigners are EPC contractor over here to finish this turn key project.
These foreigners are here by virtue of contract. and according to the requirement of project Client issues request letter to Indian Embassy to allow some foreign engineers within the stipulated Foreign Man power presence for the project, these foreigners come. Mostly are engineers.
Thank you.
Devajyoti Barman
(Expert) 30 January 2014
So you are an advocate.
Refer to the agreement whereby foreigners were engaged. it must have clause regarding their work and stay.
If it is breached then you can invoke arbitration clause and refer the dispute to the arbitrator if there is mentioned one.
if not then file petition u/s 11 of the Act in the High Court.
