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Whether to effect retrenchment condition of the section must be fulfilled or not Fact: In the present, case service of the employees have not been terminated in the manner provided in section 12 of the Act.
The termination of the service on the ground of retrenchment in terms of section 12 can only take place when all the condition mentioned there under have been complied with and not before.
The chairman second labour court 19 DLR In the present case it is obvious that one of the condition, namely, dispatching the notice in respect of the retrenchment to the chief inspector was not complied with.
The Labour court was, therefore justified and acted quite within its jurisdiction in holding that the termination of the service of the respondents concerned was under section 19 of the Act and not under section 12 and claimed by the petitioner. The essential of a termination on the ground of retrenchment as prescribed under section 12 are a the worker must be given one month notice is writing indicating the reason for retrenchment or he has been paid in lieu of such notice in respect of retrenchment in sent to the chief inspector and c the worker has been paid at the time of retrenchment compensation or gratuity which ever is higher as required under clause c of the section If notice in the chief inspector has not been served in terms of diction 12, the retrenchment of the employee by the employer is not is according with law.
For the purpose of calculation of the compensation under the section, wages shall mean the verge of the basic wages plus dearness allowance.
If any paid to the worker during period the date of retrenchment. We accordingly discharge the rule in each one of the two petitioners without any order as to costs. Judge Abdul Hakim Khan also agrees with.
His service was terminated allowing him wages in lieu of 90 days notice. The company preferred to pay his wages for that period in addition to compensation at the rate of 14 days wages for every completed year or part thereof in excess of six months.
It was asserted that the termination was for trade union activities of the workers and that it was case of victimization. The labour court upheld the contention of the worker. On the appeal before the high court no opinion was expressed on merits as the case was remanded to the labour court since the opinion of a member was not obtained.
It has been contended that the service of Aminul Islam ware terminated due to his trade union activities and as such it was act of victimization and the termination 1. But his contention does not hold good as on examination of the impugned order it has been found that the termination simpliciter under section 19 and as such he was no longer a worker within the meaning of the Act.
Nurul Abser Chowdhury was appointed as a clerk by the Bangladesh tea Estate ltd. On 1st June He was subsequently promoted to grade 2, gardener clerk on The employer company terminated his service under section 19 of the employment of labour act by a letter with all termination benefits.
The employer instead of receiving his dues raised a labour4 dispute through the union under the estate Pakistan labour dispute act The labour court on consideration of evidence held that the termination of service of Nurul Abser was malafide a code of victimization for his trade union activities and according made an award directing to be a unit representative of the union.
On appeal by the employer company the high court of East Pakistan made an elaborate discussion of evidence and dismissed the appeal on the ground that Nurul Abser was victimized for his trade union activities. Because of his participation in trade union activities the order of termination was passed by the management in disapproval of such activities.
The employer company obtained leave from the supreme court of Pakistan. Whether the question of termination under section 19 should only be decided under section 25 of the standing orders act and cannot be raised as an industrial dispute under the labour dispute act or it can be raised as an industrial dispute.
Can the court go behind the order of termination to see if it is really victimization or not.ASSIGNMENT: LABOUR LAWS Industrial Dispute An ‘industrial dispute’ means any dispute or difference between employees and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms and conditions of employment of any person.
oilfield, plantation 1/5(1). • demonstrated knowledge of the law in relation to employment and industrial relations, as evidenced by accurate statement of relevant legal principles • demonstration of critical thinking skills and reasoning, as evidenced by cogent and.
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Academic integrity for law. Why is academic integrity important? What is academic integrity? This is an example of an industrial design assignment.
Click the icons next to each paragraph to show the lecturer's comments. Click again to . This assignment on Contribution of labor law in the contents of Bangladesh garments sector.
It is expected that this report will help to gather knowledge about labor law and realize their importance in modern business world. Industrial Relations Ordinance, and The Industrial Relations Rules, provides that any worker or employer/ has the right to form a union/association without previous authorization.
But such a union/association can not function as a trade union without being registered under the law.
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