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Sujata   27 July 2018

Concurrent employment of an employee who is md of another co

My company has been faced with a peculiar issue.
One of the senior management professional who was appointed last year has decided to resign from the company to pursue his personal venture.

However the line of business is similar to that of my company and what is more shocking is that this senior person has concealed the fact that he is still a Managing Director in company where he has shown himself to be a senior management employee.

As per the ROC website he is still the MD of the company but to us and his linkedin profile show that he is no longer associated with the given company in any.

Our appointment letter clearly states that there can be no concurrent employment and this person by being a MD in company while being employed with my company has flouted the clause of his appointment letter.

I would also like to know from my esteemed colleagues that as per Companies Act 2013 can a MD of a company while still being a MD of that company be a full time salaried employee of another company which has no association whatsoever with the company in which he is a MD.

Also thus this constitute forgery and cheating.

Please advice.

Regards

Sujata



Learning

 3 Replies

Siddharth Jain   28 July 2018

Your company can file a criminal complaint against the said person for criminal breach of Trust cheating under section 406 and 420 of the IPC for the aforesaid acts of the person.

Police wale to register FIR complaint to the higher officials of police should be made under section 154 3 of the CRPC. however if they also failed to register a complaint against him you can approach magistrate under section 156 3 of the CRPC.

For any other queries feel free to contact me at isidjain1@gmail.com

Sujata   28 July 2018

Thank you sir

My boss wanted to know if such an act is also to be reported to ROC or there can be prosecution under companies act 2013.

plz sir let me know

SOLOMON.RAJ (advocate/director)     05 August 2018

You can also file a complaint before the NCLT and simultaniously bring it to the notice of the ROC.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

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