Gurgaon administration sends notices to JSA, Trilegal for violating pollution-related office norms

The Gurgaon administration has issued show cause notices to law firms JSA Advocates & Solicitors and Trilegal for allegedly violating directions restricting physical attendance at offices to 50% amid air pollution concerns in Delhi-NCR.

The notices issued by the Sub-Divisional Magistrate, Badshahpur on November 5 stated that inspections conducted at the firms' Gurgaon offices revealed that more than half of their employees were physically present, contrary to directions issued by the Deputy Commissioner, Gurgaon.

According to the notice issued to JSA, approximately 87 employees out of a total workforce of 117 were physically present at its office on the ninth floor of JSA Godrej GCR, Sector 42, Gurgaon. This amounted to approximately 74% of its workforce, exceeding the permissible limit of 50%.

Similarly, an inspection at Trilegal's office on the 18th and 19th floors of Godrej GCR, Sector 42, found that approximately 160 employees out of a total staff strength of 262 were physically present. This represented approximately 61% of its workforce.

The notices stated that the firms' conduct prima facie constituted a violation of binding directions issued by the Deputy Commissioner in compliance with measures prescribed by the Commission for Air Quality Management (CAQM).

The CAQM had issued directions under Section 12 of the Commission for Air Quality Management in National Capital Region and Adjoining Areas Act, 2021, requiring precautionary measures to prevent and control air pollution between November 5 and November 20.

In compliance with these directions, the Deputy Commissioner, Gurgaon, had issued an order on November 3 requiring all private offices in the district to ensure that no more than 50% of their total staff strength attended office physically, while the remaining employees worked from home.

Both law firms have been directed to explain why action should not be initiated against them under Section 14 of the CAQM Act, 2021, and other applicable laws.

The administration has given the firms 24 hours from receipt of the notices to submit their written explanations.

They have also been directed to furnish their actual employee strength, attendance registers or biometric records for the date of inspection, copies of rosters implementing the 50% attendance requirement and details of employees permitted to work from home.

The firms may also submit documentary evidence supporting their defence, including grounds for claiming exemptions under the order.

The administration warned that failure to respond within the stipulated period, or submission of an unsatisfactory explanation, could result in further proceedings under Section 14 of the CAQM Act and other applicable laws without further notice.

The notices are preliminary in nature and no final finding of liability has been recorded against either firm.

Bar & Bench reached out to both law firms for their comments. Neither firm responded at the time of publication.