Public Corporation (Management Co-ordination) Ordinance, 1986
Sections 2(e), 14A
Bangladesh Labour Act, 2006
Sections 2(65), 28, 336
‘Workers’ as defined in Section 2(e) of the Public Corporation (Management Co-ordination) Ordinance, 1986 read with Section 2(65) of the Bangladesh Labour Act, 2006 Consequently, their age of retirement should be governed by Section 14A of the Ordinance, 1986, which prescribes 60(sixty) years as the age of retirement— Appellate Division finds that the High Court Division rightly held the petitioners to be “workers” employed under the Government-owned enterprises or corporations, having regard to the factual stance of each petitioner and in view of the definitions contained in Sections 2(e) and 14 of the Public Corporation (Management Coordination) Ordinance, 1986, read with Sections 2(65), 28, and 336 of the Bangladesh Labour Act, 2006. This finding derives support from a number of reported and unreported decisions of the High Court Division, as well as from the decision of this Division in M.A. Hai and others v. Trading Corporation of Bangladesh, reported in 40DLR(AD)207, observing, inter alia, that the services of workers employed in any public enterprise or corporation are governed by Section 14A of the said Ordinance, and accordingly, such workers are entitled to remain in service until completion of sixty (60) years of age. This Division finds no ground to intervene with the decisions delivered by the different Benches of the High Court Division in their respective cases on the matter in hand. .....Platinum Jubilee Jute Mills Limited =VS= Md. Rahmatullah, (Civil), 2025(2) [19 LM (AD) 227] ....View Full Judgment

Worker— Worker means 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. .....Bangladesh Gas Fields Co. Ltd. =VS= Md. Fariduddin Ahmed, (Civil), 2024(2) [17 LM (AD) 552] ....View Full Judgment

Worker— Worker means any person skilled or unskilled who work, for hire or rewards but does not include a person who is employed in any managerial, administrative, Supervisory capacity. .....Bangladesh Gas Fields Co. Ltd. =VS= Md. Golam Hossain, (Civil), 2024(2) [17 LM (AD) 216] ....View Full Judgment

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.

Public Corporations (Manage-ment Co-ordination) Ordinance [XLVIII of 1986]
Section 14A
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

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

Public Corporation (Management Co-ordination) Ordinance, 1986 [XVII of 1994]
Section 14A
Public Servants Retirement Act (Act XII of 1974)
Section 4
Retire at 60 years of age— The High Court Division relying on and agreeing with the decision by Division Bench of the High Court Division in Writ Petition No. 2822 of 1997 in respect of one Md. Farid Uddin Ahmed a worker of the Gas Fields Co. Ltd. held that the petitioner was a worker as per definition of Section 14A of the said Act (XVII of 1994) and he is to retire at 60 years of age and therefore, the impugned order retiring him on attainment of the age of 58 years was liable to be struck down and made the Rule absolute. It is an enterprise of Bangladesh Oil, Gas and Mineral corporation and the corporation has absolute control over it and in the case of Bangladesh Gas Fields Company Ltd. Vs. Md. Fariduddin Ahmed and others reported in The Lawyers (AD) Vol. V P-324 it was held that any director of the Company may be appointed or removed at the option of the corporation/Government and any vacancy in the office of directors of the Company shall be filled up by nominees of the corporation/Government and accordingly in that case the writ petition was held to be maintainable. .....Bangladesh Gas Fields Co. Ltd. =VS= Md. Golam Hossain, (Civil), 2024(2) [17 LM (AD) 216] ....View Full Judgment

Public Corporation (Management Co-ordination) Ordinance, 1986 [XVII of 1994]
Section 14A
Companies Act 1913
Ordinance 86
Public Servants Retirement Act (Act XII of 1974)
Section 4
Bangladesh Oil, Gas and Mineral Corporation Ordinance, 1985
Retiring the respondent services on completion of their 57th years of age— Regarding maintainable of the writ petition as it appears though the appellant is a limited liability company incorporated under the Companies Act 1913 but it is an enterprise of the respondent No.4 shown at item No.22 of the schedule of Ordinance 86 as amended and further in terms of the Articles of Association of the appellant, the respondent No.4 has the absolute control over the appellant in all matters and any director of the appellant may be appointed and/or removed at the option of the respondent No.4/Government and any vacancy in the office of directors of the appellant shall be filled upon by the nominees of the respondent No.4/ Government and in view of these special features writ petition is maintainable. Appellate Division is of the view that the High Court Division did not commit any error in discharging the Rule. .....Bangladesh Gas Fields Co. Ltd. =VS= Md. Fariduddin Ahmed, (Civil), 2024(2) [17 LM (AD) 552] ....View Full Judgment