Section 1(4)(ka)
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We have next drawn our attention to Section 1(4)(ka) of the
বাংলাদেশ শ্রম আইন, ২০০৬.
Section 1(4)(L) contemplates organizations which shall fall within the
exception of Section 1(4)(L) and shall not fall within the meaning of
বাংলাদেশ শ্রম আইন, ২০০৬. We have
particularly drawn attention to Section 1(4)(L) and which is reproduced
hereunder:
“সরকার বা সরকারের অধীনস্থ
কোন অফিস” which means Government office or institutions
owned by the government. Since we are of the considered finding and opinion
that the বাংলাদেশ দুগ্ধ
উৎপাদনকারী সমবায় ইউনিয়ন
লিমিটেড is a public body and is owned by the government
therefore it is needless to state that the organizations owned by the
government falls within the exception of Section 1(4)(L). Consequently the
provisions of বাংলাদেশ শ্রম আইন, ২০০৬
shall not be applicable in the petitioners case. Such being the position,
we are also of the considered view that the petitioners’ are not workers
rather they are permanent employees under a particular selection grade.
.....Mesbaul Alam & ors Vs. Bangladesh & ors, (Spl. Original) 19 SCOB
[2024] HCD 14
The employees must be afforded due process before seizing him of his
employment. In not affording due process is a direct infringement into the
employee’s fundamental rights guaranteed under the constitution.
.....Mesbaul Alam & ors Vs. Bangladesh & ors, (Spl. Original) 19 SCOB
[2024] HCD 14
....View Full Judgment
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Mesbaul Alam & ors Vs. Bangladesh & ors |
19 SCOB [2024] HCD 14 |
Sections 26 , 283 and 307
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Bangladesh Labour Act, 2006
Sections 26 , 283 and 307 r/w
Code of Criminal Procedure [V of 1898]
Section 561 A —No complaint can be made directly without seeking redress
to the Labour Court for non-payment of service benefits.
Mere non-payment of termination benefits or illegal termination of a worker
is not an offence as evident from section 26. It will be an offence if
after illegal termination, the Labour Court directed the owner/ employer to
pay the termination benefits or re-employ him and if the owner/ employer
disobeys the direction it will be a penal offence under section 283 and not
otherwise.
S.M. Zahidul Islam (Zahid) Bangladesh Legal Aid and Services Trust (BLAST)
represented by its Advisor Mr. S.M. Rezaul Karim -Vs.- Syed Ahmed Chowdhury
and others. (Civil) 11 ALR (AD) 84-88
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S.M. Zahidul Islam (Zahid) Bangladesh Legal Aid and Services Trust (BLAST) |
11 ALR (AD) 84 |
Section 33
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The Public Corporation (Management Co-ordination) Ordinance, 1986
Section 14A
বাংলাদেশ শ্রম আইন, ২০০৬
Section 33
Writ petitioners and according to Section 14A of the Ordinance, 1986, their
retiring age is 60 years, but they had been given retirement at the age of
57 years in violation of the said provisions of law–– Appellate
Division’s considered view is that the provisions of the Ordinance, 1986
will prevail over those of শ্রম আইন, ২০০৬ so far as
it relates to the age of retirement. Therefore, the age of retirement from
service of the writ petitioners-respondents is 60 years as envisaged under
Section 14A of the Ordinance, 1986. ––It appears from the above that
Section 33 of শ্রম আইন, ২০০৬ does not provide for any
provision for agitating grievances against the order of retirement.
Therefore, regarding the cases in hand, Appellate Division’s considered
opinion is that the grievances arose out of age of retirement does not come
within the mischief of Section 33 of শ্রম আইন, ২০০৬
and as such this Division finds that the writ petitions were quite
maintainable. .....Bangladesh Forest Industries Development Corporation
=VS= Ayub Ali, (Civil), 2022(2) [13 LM (AD) 536]
....View Full Judgment
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Bangladesh Forest Industries Development Corporation =VS= Ayub Ali |
13 LM (AD) 536 |