Company Secretary in Practice
194 Points
Posted on 10 February 2016
This is a judgment which has interpreted the law after understanding its spirit. This has come in a quick time and would help all concerned to understand and interpret the law correctly. Defendant’s counsel placed a view that such continuation would be affected only in cases where appointment is done after 1st April 2014. According to the defendant if a person who is of the age of 68 years is appointed after 1st April 2014 for five years, he shall not continue after two years once he attains the age of 70 years. The court did not agree to this view either and gave a judgment that the age is relevant only on the date of appointment and not anytime later.
A remark by the judge turning 70 is an occasion for celebration and the person of 70 years should not be compared with fraudsters is interesting. Attaining age should not be a disqualification per se.