Contract Service
Jibanananda Goswami
(Querist) 19 February 2010
This query is : Resolved
A Society takes employees in contract basis. The contract format is prescribed in Memorandum of Association. But the Chairman issued an appointment letter to the Director that contains some terms and condition that are opposite to the prescribed format. The conditions also contradictory to the some Powers and duties of Director described in MoA.
The question is, which terms and conditions are to be followed by the Director in this case?
The memorandum of Association clearly said that the Appointment order shall be issued by the Chairman in the prescribed format.
adv. rajeev ( rajoo )
(Expert) 19 February 2010
yes chairman has to follow the terms and conditons, he cannot act beyond the terms and conditons and powers conferred on the chaiman in the memnorandum of association
adv. rajeev ( rajoo )
(Expert) 19 February 2010
yes chairman has to follow the terms and conditons, he cannot act beyond the terms and conditons and powers conferred on the chaiman in the memnorandum of association
Parveen Kr. Aggarwal
(Expert) 20 February 2010
But the Memorandum of Association of a society never contains any proforma of appointment letter for employees. A Memorandum of Association of a society is its constitution and contains clauses with respect to name of the society, registered or head office of the society, its aims and objectives and the names of persons forming society. No other provision is made in the Memorandum. The rules are contained in a separate documents known as Articles of Association or Rules and Regulations of the Society but that document also does not contain any proforma for appointment of employees.
