Complaint for running illegal recruitment agency under Emigration Act not sustainable if not paid salary: Kerala HC

Complaint for running illegal recruitment agency under Emigration Act not sustainable if not paid salary: Kerala HC

Karnataka High Court in Raman Sundaresan vs. Joint Secretary, Ministry of External Affairs &Ors. (W.P. No. 16821 of 2022) held that an employee recruited by a company outside India, if not paid salaries, cannot raise a complaint against its director of running a recruiting agency without a valid certificate under section 10 of the Emigration Act, 1983. The Court while noting that the employee by filing the complaint after more than 5 (five) years has attempted to give a colour of violation of section 10 of the Emigration Act, 1983 and thus action of the employee cannot be sustained.

Also read: Probation period cannot be extended beyond limit prescribed in certified SO: P&H HC

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