CHR
Founder Cite.co
Psdhingra
Legal Analyst, Hrm
Skhadir
Strategic Business Management Includes Revenue
Kuljit Pal Singh
Legal Professional
Nashbramhall
Learning & Teaching Fellow (retired)
Samvedan
Consultancy_hr & Ir
Vvikramkumar
Troubleshooting Pc
+3 Others

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Greetings of the day Seniors,
I have been to one of the Interviews Recently. Interviewer posed me a question which i could not able to answer. Here it goes
" When a Director of a company is Rude to employees and if he doesn't allows the employees to work by entertaining parties and who is completely unprofessional and apart from this he has sound Political background so that he cannot be removed from the company, but the management has decided to remove him what should be the action need to be taken".
Please share your views on the above discussion Seniors.
thanks & regards,
v.vikram kumar

Dear Mr. Vikram
My affirmative reply and I would love to say that,
"when the management had decided to remove him, let them do their job because they are the authority and has rights to take appropriate decision. They haven't approached me seeking my views/opinions etc., else ALLOW ME TO PLAY THE ROLE OF A MANAGEMENT, I WILL SHOW YOU HOW TO REMOVE HIM ALONG WITH RIGHT ACTION TO BE TAKEN"
Lets practice EFFECTIVE THINKING SKILLS. whatever is applicable, proportional to the scenario of the LOCATION/CIRCUMSTANCE, as you were in the INTERVIEWING PROCESS....You should reply in such a way, it should not lead to ARGUMENT...and be polite all the time..........
Hope other members of this forum may be interested to post their suggestions/views etc....
With profound regards

elegant initiative to distinguish people mentality for political use and formulate employee in unpleasant character on management view. Best of luck
skhadir skhadir and jaweed
Sir's
thanks much for your Response. i hope for sure will think in an Effective manner and answer the questions posed to me in coming interviews.
Thanks & Regards,
v.vikram kumar

Hi,
Since the Management has taken the decision to remove him, I don't see the dilemma. Surely the decision is not frivilous. They must have taken into account all aspects before making up their mind to sack him, regardless of political fallout and related consequences.
Good riddance of bad rubbish.
Col Gahlot
'TRURECRUIT'
09810081197

Dear Vikram,
In fact, the question was to check your knowledge about company law. So, it was not so simple to answer as suggested by some members.
The appointment and removal of directors is controlled by the Companies Act 1956 and by company articles. In some respects the Companies Act cannot be varied by company articles, but in other respects it is indicative only and its provisions may be amended or overridden by the articles.
Your reply in that case would have been, "If the management has decided to remove Director, they may remove him by ordinary resolution passed by a simple majority by following the procedure laid down in Section 284 of the Company Act 1956, provided he is not a director appointed by the Central Government in pursuance of section 408."

Dear Friend,
This is really a very Dicey Question, a professional HR may get best chance to use his skills here, as u know that management want to get rid of this person but at the same time that person has good political backing and his immediate removal may invite few troubles for the organisation. In that case i would have suggested to create circumstances so that the person himself will leave the Comapny, now what kind of circumstances we should create is again depends on the situation.
Regards

Dear Vikram,
In fact, the question was to check your knowledge about company law. So, it was not so simple to answer as suggested by some members.
The appointment and removal of directors is controlled by the Companies Act 1956 and by company articles. In some respects the Companies Act cannot be varied by company articles, but in other respects it is indicative only and its provisions may be amended or overridden by the articles.
Your reply in that case would have been, "If the management has decided to remove Director, they may remove him by ordinary resolution passed by a simple majority by following the procedure laid down in Section 284 of the Company Act 1956, provided he is not a director appointed by the Central Government in pursuance of section 408."


Correctly said by Mr Dhingra, so far as legality of Removal of Director is concerned provisions of Companies Act, 1956 will be followed. Regards
Dear Friend, the question is not at all Diplomatic. It was in fact asked by the Interviewers to test your knowledge about the relevant provision relating to appointment and removal of a Director of a Company. P.S.Dhingraji has very rightly explained to you the correct procedure to be followed for removal of the Director of a Company. The answers given a few others are far from truth and I donot know what made them give such suggestions for your question. Thanks PS Dhingraji.

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