BALAJI TOUR TRAVELS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court was issued a Registration Certificate granting him permission to recruit workers for overseas employment during the validity of the said certificate, i.e., up to 14.12.2013. A complaint was received from one Mr. Ashok Kumar stating therein that the petitioner had released advertisement in newspapers to work with (1) M/s Al Tawi Redimix Limited Co., Riyadh and (2) M/s Al Razi Construction Company, Jeddah, Saudi Arabia without having Demand Letters, Power of Attorneys and Specimen Employment Contracts. Also, report were received that the petitioner had lent its registration certificate to an unauthorized person namely Mr. Giridhari Lal Bundela and had aided him in carrying on activities in violation of Emigration Act, 1983. The Protector General of Emigrants/ Registering Authority issued a notice to the petitioner under Section 14 of the Emigration Act, 1983 requiring him to show cause as to why his registration certificate should not be cancelled. Vide order dated 21.12.2011, the registration certificate issued to the petitioner was suspended for a period of 30 days with direction to furnish copies of documents such as Power of Attorney, Demand Letter, Employment Contracts etc from the foreign employer for the purpose of Overseas Recruitment and also to show cause as to why the suspension of the registration certificate should not be extended. The petitioner submitted reply dated 6.2.2012 responding to the show cause notice and claimed that he had employed Mr. Giridhari Lal Bundela as General Manager, but later on he came to know that Mr. Giridhari Lal Bundela had published advertisement for recruitment with his name and, therefore, terminated his services with effect from 14.11.2011. Thus stand taken in the reply was that the petitioner had not advertised in newspapers for recruitment but his name had been misused by Mr. Giridhari Lal Bundela.

(2.) VIDE order dated 24.8.2012, the Protector General of Emigration/ Registering Authority, in exercise of the powers conferred upon him by Section 14 of Emigration Act, 1983, directed cancellation of the registration certificate which was granted to the petitioner. He was also directed to show cause as to why the bank guarantee furnished by him should not be forfeited.

(3.) A perusal of the advertisement published in the newspapers would show that Mr. Giridhari Lal Bundela, in his capacity as General Manager of M/s Balaji Tour & Travel had invited applications for recruitment of 50 heavy drivers, 50 masons and 10 tyremen for Al Tavi Redimix Limited Company, Riyadh, Saudi Arabia and invited them for interview, by the representative of Balaji Tour and Travels at its site i.e. Plot No.459, Shaheed Prashant Colony, Jhunjhunu. Vide this very advertisement, the requirement of M/s Al Raji Construction Limited, Saudi Arabia for Mason Block Plaster, Mason Tiles was published and the persons desirous of seeking the employment were asked to come for interview, by the representatives of Balaji Tour and Travels on 26.9.2011 at its site at Plot No.459, Shaheed Prashant Colony, Jhunjhunu. Three telephone numbers were also given on the advertisement, which also carried the address of Imam Nagar, Ward No.5, Bakra Road, between Road No.2 & 3, Jhunjhunu, Rajasthan, This is the same address which the petitioner has disclosed in the writ petition.