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In need of technical expertise, the Pacific Cyber Company Ltd, an Indian company, invited experts from a Hong-Kong based concern. The former company is engaged in the development and assembly of mobile phones. The experts from the Chinese firm were invited to visit the Pacific’s plants in Daman and Silvassa to train Indian Staff. Even though the visitors had valid business visas, the officials of the Foreign Registration Office found the visitors being employed in the Indian company, and some of the visitors held only tourist visas.
Thereafter, the foreign registration officer of Dadar and Nagar Haveli sent a notice to the foreigners to leave India as they cannot be employed in an Indian company if they do not possess visas meant for employment. The learned counsel, appearing for the foreign registration office, informed the Hon'ble court that different procedures and standards apply for employment visas, and contended that bypassing the relevant standards through business visas cannot be permitted.
Furthermore, the learned counsel said the court that only one Chinese citizen could communicate with others, and statements of two Indian Nationals were put on record, including the production process. Considering the contentions made by both the sides, the Hon’ble bench of the Bombay High Court observed the existence of merit on the petitioners’ side—the Pacific Cyber Technology Pvt. Ltd. The Bench said that show-cause notice should have been given to the Chinese workers and to the persons who invited them. According to the court, the company might experience a grave setback in case the facts disclosed by the petitioner are correct. The court found it significant to ascertain the proper facts in this case.
Therefore, the judicial institution directed the Foreign Registration Officer to communicate with the Chinese citizens and find the true facts within 2 weeks from the date of judgement. The Court also told the foreign nationals to co-operate with the respective statutory authorities.
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