92. Managing Director may or may not be employee of the Company.

In this blog there are two articles regarding Managing Director. This is the third one.Here presenting some case laws, which establishes the position of Managing Director in a Company.
01	ESIC v. Sarathi Lines (1996)
	Managing Director can be employee for the purpose of ESIC, if he is actually functions as an employee, if there is contract of employment.
02	Tin Printers v. RPFC (2000)
	If a Managing Director is drawing salary, he is employee and has to be covered under P F Provisions.
03	ESIC v. Apex Engineering Limited (1997)
	A Managing Director can be employee and liable to pay ESIC dues if his salary is within the ESIC limits. He is not owner of the factory. Company is the Principal Employer for the purpose of ESIC. Managing Director cannot be termed as Principal Employer. Even if he is declared as Principal Employer for ESIC purpose, he still can be an employee.
04	Hrushikesh Panda v. State of Orissa (1997)
	Managing Director is not the owner of the Company. Company’s liabilities cannot be recovered from Managing Director.
05	Mansing L Bhakta v. State of Maharashtra (1991)
	ESIC liabilities cannot be recovered from Managing Director. He is not principal employer  for the purpose of ESIC. The Company is the Principal Employer.
06	Indian Commerce v. Swadharma Swaraya Sangha (1993)
	A Director or Managing Director has no ostensible authority to institute a suit on behalf of the Company. Such authority has to be specifically conferred by a resolution.
07	Punjab State Coop Bank Limited v. Milka Singh(1997)
	If Managing Director has given powers under Articles of Association, he can file a suit, appeal etc on behalf of the Company. Approval of Board is not necessary in such cases.
	To be continued