Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 34

Industrial Relations Ordinance (XXIII of 1969), S. 34 - Retrenchment in disregard of seniority, Illegal-Application under S. 34 by worker's Union, in circumstances, allowed and retrenched & worker re-instated with all back rages. AWARD MD. NURUL ISLAM KHAN (CHAIRMAN). This is an appli cation under section 34 of the Industrial Relations Ordinance 1969 made by the General Secretary, Finley Employees' Union, against Messrs James Finley & Co. Ltd. The case of the first party is that one Nazir Islam was appointed as a Peon on 23-5-52 by the Import Department of the second party Company at their Narayanganj Office. His services were made permanent in due course. In 1960, the Import Department of the second party shifted to Dacca. So did Nazir Islam along with other staff. But subsequently he was transferred to M. Sarkies & Sons, Narayanganj, a subsidiary of the second party (now James Finley & Co., Ltd., Jute Department, Narayan ganj) at their own accord, vide their letter, dated 27-2-61. In January 1969, a general notice was displayed by the Company to the effect that they would close down raw jute operation and the staff would be retrenched on juniority basis. At that time Nazir Islam applied to the second party to send him back to the Import department where there was no surplus of the staff. The second party ignored his appeal on 29-4-69 Nazir Islam was served with one month's notice of retrenchment with effect from 1-5-69. He lodged a protest against this unlawful and unjust notice of retrenchment on the ground that he was originally appointed by the surplus in the Jute Department should send him back to his parent department. After this the second party instead of sending him back to his original post of Peon in the Import Department, transferred him to the post of a permanent Darwan with effect, from 1-6-69. Then the second party again served him with a notice of retrenchment on 30-12-69. He again lodged, a protest on the same ground saying that he should be sent to the Import Department. But the second party did not materialise his request. One Badsha Mia was appointed as a Greaseman with effect from 24-12-47 by Messrs M. Sarkies…