| Citation(s) |
|---|
| 1971 SLG 3064 1971 SLD 3064 = 1971 PLC 269 |
Pakistan Labour Court
I. R. O. Case No. 28 of 1970, decided on 31st October 1970.
Presented By: Md. Anwar Hussain, Chairman, Nazrul Hassan and S. K. Paul, Members
I. R. O. Case No. 28 of 1970, decided on 31st October 1970.
Presented By: Md. Anwar Hussain, Chairman, Nazrul Hassan and S. K. Paul, Members
EAST PAKISTAN SUGAR MILLS WORKERS UNION, RAJSHAHI
VERSUS
THE ADMINISTRATOR, NORTH BENGAL SUGAR MILLS Co. LTD., RAJSHAHI
Law:
Section:
(a) Industrial dispute------ -----Dismissal on account of misconduct Domestic enquiry proper and free from precedural defects --Interference by Labour Court, to -circumstances, refused. (b) Industrial dispute------ -----Mis-joinder of causes of action -Several sets of disputes arising on different dates and in different manner'--Facts being so dissimilar as to making an Intelligible grasp of situation impossible-Application, in circumstances, held, bad for mis-joinder of causes of action, hence rejected-East Pakistan Labour Disputes Act (VI of 1965), S. 6 and Industrial Relations Ordinance (XXIII of 1969). ORDER MD. ANWAR HUSSAIN (CHAIRMAN).-This is an application under section 6 of Labour Disputes Act, 1965 since registered under section 34, I. R. O. East Pakistan Sugar Mills Workers' Union, Gopalpur is the 1st party petitioner. Their case is that their member Majdar Rahman, a cane seasonal weigh-Bridge, clerk worked in the Mill in 1965-66 season. But he was not re-appointed in next seasons. In October 1966 when he approached for appointment he was not taken on the plea that a case -under section 147, P. P. C. was pending against him. The case was dismissed on 4-4-68 and on getting discharge when Majder Rahman approached for service he was not taken. Secondly, it is alleged that another member of the Union Mr. Suresh Chandra Paul, a seasonal Jeep, driver of the Mills was dismissed on 11-5-68 on the charge of negligent work as he left the key in key-hole of the Jeep resulting in sudden start of the Jeep causing an accident and damage of the Jeep. Thirdly, it is alleged that their members. Messrs Narayan Sarker, Abu Baker, Dhiren Sarker, Nurul Islam and Moinuddin Shaik who were workers of Karai section of. Foundry of the Mill were dismissed on 12-2-68 on false allegation that they attacked and assaulted one Fazlur Rahman of cane department. All the above workers of the Mill appealed to the Authority for re-instatement without success. The petitioner-Union then took up their cases for reconsi deration and re-instatement to the Mill Management. But they did not reply. The Union then referred the matter to Deputy Director of Labour and Conciliation Officer,…