Kya Section 6 of the General Clauses Act applies to a company?
admin clat_pg advanced poll_styleI'm stuck on this one - can you guys help? Suppose a company, XYZ Ltd, issues a circular saying all employees must attend a workshop on Friday. But, the workshop starts at 3 PM and ends at 6 PM, which falls on the day a new labour laws comes into effect, which specifically prohibits any kind of work after 1 PM on Fridays.
Option A: This circular is illegal because it tries to bind employees to work on a day when it's not allowed. Since this is a state law, it overrules the company's circular. Option B: Since the General Clauses Act (Section 6) states that a company has the power to bind its members, the circular is valid and employees are contractually bound to attend the workshop.
Which one is correct and why?
2 Comments
Arre, Section 6 General Clauses Act definitely applies to a company, yaar. It says "words importing the masculine gender include the feminine gender". Aur kya, companies are artificial persons, taki unke rules bhi hume apply karte hain. So, when it says "he" or "his", it definitely includes "she" or "hers", isn't it?
Section 6 of General Clauses Act (GCA) ke baare mein baat karte hain. Ye section khaali spaces ko define karta hai. Koi bhi act ya rule jis par is section ka application hota hai ussmein khaali spaces ko "shall be deemed to be meant as not intended to be omitted" kehte hain. Lekin is section ka application company par bhi hai, kyunki company bhi ek legal entity hai aur uske documents mein khaali spaces bhi ho sakte hain.