EMREE INTERNATIONAL PVT LTD Vs. UNI0N OF INDIA

JUDGEMENT

(1.) THE petitioner before this Court is an overseas consultant which was issued registration certificate under Section 10 of the Emigration Act, 1983 to commence the business of recruitment, for deployment of Indian workers with foreign employers. As per the terms of the certificate, the petitioner was to deploy 300 workers during the period of the said registration. The registration issued to the petitioner expired on 2.4.2011. Vide application dated 28.12.2010, the petitioner applied for renewal of the registration certificate issued to him under Section 10 of the aforesaid Act. Vide order dated 9.5.2011, the application of the petitioner for renewal of the registration certificate was rejected by the Protector General of Emigrants/ Registering Authority. The communication whereby the application for renewal of the certificate was rejected, inter alia, reads as under:

(2.) BEING aggrieved from the decision of the Registering Authority, the petitioner preferred an appeal under Section 23 of the Emigration Act, 1983. The said appeal was dismissed by the Appellate Authority vide order dated 20.6.2012, which, inter alia, reads as under:

(3.) IT would thus been seen that in order to be eligible for renewal of registration certificate, the petitioner should have deployed at least 1/3rd of the capacity of workers stipulated in the registration certificate. Since the capacity of the petitioner as per the registration certificate was 300 workers, it ought to have at least deployed 100 workers during the validity period of the registration certificate.