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Services (Re-organization and Conditions) Act, 1975
Sections 2, 3 and 5 r/w
The State Owned Manufacturing Industries Workers (Terms and Conditions of
Service) Act, 1974 r/w
Industrial Relations Ordinance, 1969 r/w
Employment Labour (Standing Orders) Act, 1965
A trade union can definitely enter into agreement with the management for
improvement of the service and conditions of its members, but not in
derogation of the laws prevalent at the relevant time– Findings of the
High Court Division and the leave granting order as quoted above, the only
question which is to be decided in the appeal is whether the agreement
entered into by the trade unions and the corporation on behalf of the
nationalized enterprises, namely, Carew and Company on 20.11.1984 fixing
the scales of pay and grades and other emoluments in violation of the laws
could be said to be valid and implemented and whether the said agreement
created any vested right to the writ-petitioners and the same could be
enforced by invoking the writ jurisdiction of the High Court Division under
article 102 of the Constitution.
A trade union can definitely enter into agreement with the management for
improvement of the service and conditions of its members, but not in
derogation of the laws prevalent at the relevant time. We find no merit in
this appeal and accordingly the same is dismissed. …Sohrab Ali Miah =VS=
Bangladesh Sugar & Food Industries Corporation, [7 LM (AD) 56]
....View Full Judgment
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Sohrab Ali Miah =VS= Bangladesh Sugar & Food Industries Corporation |
7 LM (AD) 56 |