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2011 Supreme(All) 2067

SUNIL AMBWANI, K.N.PANDEY
MANMOHAN SHARMA – Appellant
Versus
DISTRICT MAGISTRATE, GHAZIABAD – Respondent


Advocates:
Counsel :
Chandra Bhan Gupta and Manmohan Sharma for the Petitioner; Anurag Khanna, C.S.C., A.S.G.I. and Gopal Mishra for the Respondents.

JUDGMENT

By the Court.—Dr. Manmohan Sharma, the petitioner appearing in person has prayed for quashing the minutes of the meeting dated 16.5.2002 of the Board of Directors of Swadeshi Polytex Limited, Ghaziabad in which it was decided, while discussing any other matter with the permission of the chair at Item No. 10 that the pay and allowance paid to Dr. Manmohan Sharma, Company Secretary by Shri Gaurav Swarup in 1998 were on a very higher side and a company, which is sick and their employees cannot be paid salary to the workers cannot afford to accumulate such a big liability. It was decided that the services of Shri Man Mohan Sharma, Company Secretary may be dispensed with from 1st June, 2002 and Shri H.K. Sharma be given charge of all official records/ official equipments from him. Shri O.P. Soni, Company Secretary, NTC (HC) was directed to look after the work of Company Secretary in addition to his present duties.

2. The petitioner has also prayed for direction to the respondents to reinstate him on the post of Advisor-cum-Company Secretary w.e.f. 8.6.2002 and to pay him retirement benefits, namely provident fund, gratuity and superannuation together with unpaid salary and allowa
























































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