Act/Law wise: Judgment of Supreme Court of Bangladesh (AD & HCD)
Bangladesh Biman Corporation Employees (service) Regulation, 1979 | |||
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Section/Order/ Article/Rule/ Regulation | Head Note | Parties Name | Reference/Citation |
Regulation 11A(2) |
This court in Yousuf Haroon (supra) has rightly held that this regulation 11A(2) was added on 05.02.1984 after the decision in Dr. Nurul Islam (supra). It further held that since there is principle or guidelines for retiring an employee after 25 years of service, it cannot be said that regulation 11A(2) does not give any guideline or that there is scope for arbitrary exercise of power by the Corporation. It further held that an employee of Biman can be given compulsory retirement by the Corporation in exercise of powers under rule 5 of Bangladesh Biman Corporation Employees (Pension and Gratuity) Rules, 1988 as well as regulation 11A(2). The authority before making the order of compulsory retirement was satisfied that for the interest of Corporation he was given compulsory retirement and that there was nothing on record to show that the order of compulsory retirement was made arbitrarily or malafide. Under the unamended provision, there was scope for arbitrary exercise of discretion from among persons similarly situated and holding similar job, but under the present provision there is no scope to exercise arbitrary power. We fully endorse to the views taken in Yousuf Haroon (supra). .....Bangladesh Biman Airlines Ltd. =VS= Captain Mir Mazharul Huq, (Civil), 2018 (1) [4 LM (AD) 66] ....View Full Judgment |
Bangladesh Biman Airlines Ltd. =VS= Captain Mir Mazharul Huq | 4 LM (AD) 66 |
Regulation-12 (1) |
‘Whether Promotion to Pay Group V from Group IV to be made on the basis
of seniority and on the basis of combined Seniority List alone and that
petitioners (in writ Petition) have vested right for promotion.
|
Bangladesh Biman Corp. & Ors. Vs. Md. Tipu Sultan & Ors. | 11 BLT (AD) 64 |
Regulation 18(C) |
Determination of seniority of the recruits under one advertisement and
under same recruitment examinations but undergoing training in batches one
after another due to logistic constraints—
|
Aminul Hoque and others Vs. Rejiqul Hassan and others | 2 MLR (AD) 71 |
Regulation 19(1) (a) |
Seniority of Employees
|
The Managing Director, Bangladesh Biman Corporation and ors. Vs Md. Reza Kamal And others | 17 BLD (AD) 41 |
Regulation 52(1) |
The Appellate Division held that Bangladesh Biman Airlines Limited
reinstated terminated employees in their services pursuant to the
directions given by the High Court except the respondent in a discretionary
manner, The Appellate Division reinstated him and also reiterating the
statement of law for termination as follows:-
|
Biman Bangladesh -Vs.- Md. Moniruzzaman | 3 ALR (AD) 188 |
Regulation 53 |
If the intimation or request of resignation is silent as to the date or
period of resignation being effective, the Biman authority could consider
such resignation as of immediate effect upon surrender of pay in lieu of
notice period under the provisions of regulation 53(3). The submission of a
letter seeking permission to withdraw letter of resignation does not render
the resignation with immediate effect as non-existent or ineffective. The
matter of communication of the acceptance of resignation is a mere
formality and routine work, and a lapse of time in between the resignation
and acceptance does not keep the resignation in hibernation, which is
intended to be immediately effective.
|
Bangladesh Biman Corporation and others v. Md. Jasimuddin | 22 BLD (AD) 23 |
Regulation 53(3) |
Respondent was employee of the Biman in Pay Group 3 (ii) Respondent’s
Case was that before acceptance and communication of the letter f
resignation he having had filed letter seeking permission to withdraw his
letter of resignation and that he having been allowed to sign attendance
registrar, his resignation terminated and thereupon he was very much in the
service and as such the authority did acted illegally in accepting his
letter of resignation which was in which was not in existence.
|
Bangladesh Biman Corporation & Ors. Vs. Md. Jasimuddin | 11 BLT (AD) 30 |