Reference to the Dealer Commission Determination.
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This is in reference to Dealership Margin Determination for Financial Viability in line of reply from Bharat Petroleum Corp Ltd (Attached) and various other issue's in hand to be discussed for fairness.
Moving forward the judgement of the petition "W.P. (C) 10334/2017" as stated in the letter barring the increase in dealership margin viewing the increased cost since last 2 year's and margin increase, which has to be twice is year was put on hold. The extracts of judgement is below.
""Conclusion of towards judgement of Delhi court CASE 56. Accordingly, the following directions are issued:
(i) Subclause (x) of Clause 1.5 is read down to the extent that the R.O. dealers will not compulsorily be required to pay wages/salaries to its employees which are higher than statutorily notified minimum wages stipulated by the concerned State Government/UT.
(i)(a) Therefore, as a logical corollary, communication dated 19.09.2017 which is assailed in W.P.(C)No.11246/2017 cannot be sustained. It is, consequently, set aside.
(ii) Clause 5.1.14(b) is read down to the extent that access to the R.O. toilet facility to persons other than employees/staff and customers would be at the discretion of the R.O. dealer and/or its Manager. The R.O. dealer/Manager will employ her/his discretion keeping in mind the security and safety of the R.O. The R.O. dealer/Manager will have the right to exclude dodgy characters and those who insist on carrying inflammable article(s) to the toilet facility. Travellers who do not have access to other public conveniences in close proximity will not be denied access unreasonably as long as they adhere to the safety protocol.
(iii) The obligation contained in the first part of Clause 5.1.18 placed on the R.O. dealer to pay wages higher than those statutorily notified as minimum wages by the concerned State Government/UT will not apply to
W.P. (C) 10334/2017 & connected Page 55 of 56
R.O. dealers. Likewise, R.O. dealers will not be called upon to pay other benefits like PF, contribution to ESIC, Bonus, Earned Leave/Annual Leave and Gratuity unless they are required to extend these benefits under the relevant statutes.
(iv) Likewise, Subclause (a) and (b) of Clause 5.1.18 are read down in the manner indicated in paragraphs 41 and 42 above.
(v) Clause 8.3 to the extent it levies monetary penalties for infraction of Clause 5.1.14(b) [non-provision of clean toilet facility]; Clause 5.1.6 (a), (b), (c) [automated R.O.s]; Clause 5.1.18 [non-payment of salaries, wages and other benefits to the manpower employed at the R.O.s]; and Clause 5.1.2 (a) [short delivery of products with weights and measures seals intact] is struck down.
(vi) Any show cause notice(s) and/or adjudication order(s) issued in the interregnum will be revisited by the concerned OMC in the light of the foregoing discussion and directions.
57. Thus, the captioned writ petitions are disposed of in the aforesaid terms. Resultantly, pending interlocutory application(s) shall stand closed.
RAJIV SHAKDHER, J.""
View above now is the time to move ahead with time & time to bridge the gap and a fresh start on various issue's pertaining to trade, affecting livelihood has to be taken up at the earliest. Few issue's in hand and need urgent intervention is below
1. Dealer Commission Determination for Financial Viability
2. Correct Receipt of product at Retail Outlet in line of 3.1 of Control Order
3. Various Arbitrary deduction's made in contravention to dealership agreement Viz V-sat and now E-Lock Rentals
4. Mentinance of the outfits installed at Retail Outlet (Stamping Policy)
5. Challenge's ahead during Disinvestment of Bharat Petroleum Corp Ltd and interest of Stake Holder's attached.
6. Increased cost of various components (Business Expenditure) to be determined at the earliest.
7. Evaporation study of BS VI fuels and increased components to be added in Dealership Margin.
8. Illegal Mushrooming of Door Step Delivery in line of target customer's to be defined by industry and ways to curb the same.
9. Alternative to safeguard the interest of dealership in Daily Price Revision.
View above let's decide to sit on table and decide with this changing times and business difficulties viewing the business competition ahead.
Hope to see a positive response at the earliest from you all and let's move ahead leaving all behind and make a fresh start to the issues in hand.
Awaiting Response and Fairness
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