Compulsory retirement— Facts and circumstances, Appellate Division is of the opinion that the High Court Division did not commit any wrong in declaring the impugned orders of compulsory retirement of the writ petitioners illegal. This Division also is of the opinion that the departmental proceedings started against these writ petitioners were not conducted in accordance with the Service Rules of PDBF and in the circumstances the impugned punishments imposed on the writ petitioners in those departmental proceedings cannot be sustained. However, the authority, if desires, may initiate departmental proceedings against the writ petitioners on the same allegations afresh in accordance with Rules. .....Palli Daridro Bimochon Foundation =VS= S.M. Azmal Hossain, (Civil), 2024(2) [17 LM (AD) 556] ....View Full Judgment

Terminating service without show cause notice– When a case can be decided without striking down the law but giving the relief to the petitioners that course is always better than striking down the law.
Where the requirement of serving show cause notice is specifically excluded by the service regulation or the contract of employment, it cannot be said that there is a breach of the principle of natural justice or that the action taken in terminating the service is arbitrary. Hence, we are of the view that regulation 61 (2) is not ultra vires the Constitution. However, the termination notice is not in accordance with regulation 61(2) and hence it is unlawful. ...Palli Daridra Bimochon Foundation =VS= Md. Jahangir Alam, (Civil), 2021(1) [10 LM (AD) 22] ....View Full Judgment

Termination of service of temporary employee and payment of gratuity—
The authority of the Palli Daridra Bimochan Foundation has the right to terminate the service of temporary employee appointed in a project either on giving three"months notice or payment of three months basic salary. Such provision as contained in Regulation 61(2) is not violative of the fundamental rights. The Appellate Division however held the temporary employees who rendered more than three years service will'be entitled to gratuity. Mir Sattnniddiir and three others Vs. Palli Daridra "Bimochan foundation, represented In/ the Managing Director and another 14 MLR (2009) (AD) 278.