Section 2(e)
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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.
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Md. Shahadot Hossain Vs. The Crescent Jute Mills Co. Ltd. & Ors |
12 BLT (AD) 127 |
Section 14A
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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
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Bangladesh Sugar and Food Industries Corporation (BSFIC), represented by its Chairman and another. -Vs.- Md. Tajul Islam and others |
9 ALR (AD) 27 |
Section 14A
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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 |