Act/Law wise: Judgment of Supreme Court of Bangladesh

ALL A B C D E F G H I J K L M N O P Q R S T U V W X Y Z



Public Corporations (Manage-ment Co-ordination) Ordinance [XLVIII of 1986]
Section/Order/Article/Rule/Regulation Head Note
Section 2(e)

Public Corporations (Management co-ordination) (Amendment) Act, 1994
Section-2(e)
Retiring age of a person who is a time keeper
It appears that clause 2(e) of the aforementioned Act defines a worker as “any person, skilled or unskilled, who works for hire or rewards, but does not include a person who is employed in any managerial, administrative, supervisory or solely clerical capacity.’ The High Court Division found that the function of the time keeper is solely clerical in nature and as such the petitioner is not a worker as per aforementioned definition and therefore, his retirement at the age of 57 years by the impugned order was not illegal. Md. Shahadot Hossain Vs. The Crescent Jute Mills Co. Ltd. & Ors 12 BLT (AD)127. ....View Full Judgment

Section 14A

read with
Bangladesh Labour Act [XLII of 2006]
Section 28 —Workers are entitle to enjoy provisions of any other law of the land that is better and more beneficial to them.
The Appellate Division held that ac-cording to the section 14A of the Public Corporation (Management Co-ordination) Ordinance, 1986, the age of retirement of a worker, who is working in a public enterprise, is 60 years. In other words any Act/Rule that incorporate more favourable and provided better facilities to the workers than those of the Labour Act, 2006 will apply to such workers/ labour in supersession of the provisions of the Bangladesh Labour Act, 2006. Section 336 of the Bangladesh Labour Act, 2006 makes it clear that workers are entitle to enjoy provisions of any other law of the land that is better and more beneficial to them. Since the section 14A of the Public Corporation (Management Co-ordination) Ordinance, 1986 prescribes for more beneficial retirement age, the writ petitioners can only be sent on retirement after _completion of 60 years of age but not at the age of 57.
Bangladesh Sugar and Food Industries Corporation (BSFIC), represented by its Chairman and another. -Vs.- Md. Tajul Islam and others. (Civil) 9 ALR (AD) 27-30 ....View Full Judgment