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april 2006

Supreme Court of India · 2006-04-24

MAHARASHTRA STATE MINING CORPN. vs SUNIL

Citation / case number
SC 2005/21395
Court
Supreme Court of India
Petitioner
MAHARASHTRA STATE MINING CORPN.
Respondent
SUNIL
Bench
RUMA PAL, DALVEER BHANDARI & MARKANDEY KATJU

Judgment text excerpt

The Supreme Court upheld the High Court's decision that the dismissal of the respondent was invalid as it was executed by the Managing Director, who lacked the authority to do so under the relevant corporate governance rules. The Court emphasized that the Board of Directors had not delegated such powers to the Managing Director at the time of dismissal, thus rendering the action incompetent. The Court affirmed the High Court's order for reinstatement and payment of dues, as the defect in authority could not be rectified post facto by a subsequent resolution of the Board.

MAHARASHTRA STATE MINING CORPN. vs SUNIL · Niyam