Cos 218 — Protection of employees during investigation

Companies Act, 2013

Statutory text

(1) Notwithstanding anything contained in any other law for the time being in force, if—
(a)  during  the  course  of  any  investigation  of  the  affairs  and  other  matters  of  or  relating  to  a company, other body corporate or person under section 210, section 212, section 213 or section 219 or

of  the  membership  and  other  matters  of  or  relating  to  a  company,  or  the  ownership  of  shares  in  or debentures of a company or body corporate, or the affairs and other matters of or relating to a company, other body corporate or person, under section 216; or (b)  during  the  pendency  of  any  proceeding  against  any  person  concerned  in  the  conduct  and management of the affairs of a company under Chapter XVI, such company, other body corporate or person proposes—
(i) to discharge or suspend any employee; or (ii) to punish him, whether by dismissal, removal, reduction in rank or otherwise; or (iii) to change the terms of employment to his disadvantage, the company, other body corporate or person, as the case may be, shall obtain approval of the Tribunal of the action proposed against the employee and if the Tribunal has any objection to the action proposed, it shall send by post notice thereof in writing to the company, other body corporate or person concerned.
(2) If the company, other body corporate or person concerned does not receive within thirty days of making of application under sub-section (1), the approval of the Tribunal, then and only then, the company, other body corporate or person concerned may proceed to take against the employee, the action proposed.
(3) If the company, other body corporate or person concerned is dissatisfied with the objection raised by the Tribunal, it may, within a period of thirty days of the receipt of the notice of the objection, prefer an appeal to the Appellate Tribunal in such manner and on payment of such fees as may be prescribed.
(4) The decision of the Appellate Tribunal on such appeal shall be final and binding on the Tribunal and on the company, other body corporate or person concerned.
(5) For the removal of doubts, it is hereby declared that the provisions of this section shall have effect without prejudice to the provisions of any other law for the time being in force.

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