Case Law Details
Ritu Bhatia Vs Ministry Of Civil Supplies consumer Affairs & Public Distribution And Others (Supreme Court of India)
Conclusion: Working experience as an Assistant Company Secretary or a Management Trainee cannot be treated as equal to a Company Secretary so as to become eligible for the post of Company Secretary.
Held: The issue arose for consideration was whether the period during which assessee worked as ‘Management Trainee’ and/or ‘Assistant Company Secretary’ be considered for treating assessee having been appointed ‘as’ a Company Secretary so as to become eligible for the post of Company Secretary which was advertised. Assessee was terminated from the company on the ground that she did not have the requisite five years’ experience for the post of Company Secretary, as stipulated in the Advertisement inviting applications to the said post. It was held the word ‘as’ and the words ‘experience as Company Secretary’ used in the advertisement were very clear and it meant the candidate ought to be appointed and worked as such ‘as’ a Company Secretary. Therefore, assessee did not fulfil the eligibility criteria in advertisement of having five years post qualification experience ‘as’ Company Secretary and the services of assessee had rightly been terminated.
FULL TEXT OF THE SUPREME COURT JUDGMENT
Leave granted.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
