1. MD. NURUL ISLAM KHAN (CHAIRMAN).-This is an application under section 25 (1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, which will be hereinafter referred to as the Act, made by the first party Ali Ahmed, against the second party Mr. ShahajahAn Matabbra, Proprietor of Messrs Popular Industries.
2. The case of the first party is that he had been working as a Mechanic under the second party since 4-11-1967 at a monthly pay of Rs. 140.00. During leis employment under the second party he met with a severe accident on 23-1-1968 as a result of which he lost 4 fingers except the thumb and half of the palm of his right hand resulting in 70 per cent. loss in his earning capacity. After receiving treatment for about 3 months in the Dacca Medical College Hospital at his own cost, he presented himself for duty to the second party on 11-6-1968 and continued to work till 3-2-1969. On 4th February 1969 when he went to attend to his duties he was informed by the second party that he was dismissed from service. He was not given any copy of the alleged dismissal letter in writing though he requested for the same. The second party threatened him with assault and dire consequences. This order of dismissal is against the provisions of law. There was no enquiry no charge-sheet was framed against him. He was not given any compensation as per provision of the Workmen's Compensation Act. Moreover, he has not been given full wages for six months immediately preceding the date of dismissal. He sent a grievance petition on 6.2-1969, but the second party did not give any reply. Hence the first party filed the present case. This case was filed in the Second Labour Court on 10-11-1969. Thereafter after reallocation of jurisdiction this case was started in this Court on 3-2-1970.
3. The second party was notified the date of hearing. But they never turned up. So the matter was heard ex parte. The first party Ali Ahmed was examined. By his statement he fully established his claim. It appears from the facts and circumstances of the case that the second party has no respect for law and legal procedure. In spite of repeated requests of the first party he (the second party) has refused to give any chance, did not hold any enquiry and did not pay him compensation, etc., and now in the Court also he did not appear.
4. In view of all this, it appears that the first party is entitled to termination benefits.
5. It is accordingly ordered that the application be allowed ex parte in favour of the first party and an award be given in his favour granting the following benefits: -
(1) Notice pay for 90 days at the rate of Rs. 140'00 per month.
(2) Arrear wages for six months at the rate of Rs. 140.00 per month.
(3) Compensation at the rate of 14 days' wages for every completed year of service or for any part thereof in excess of six months.
(4) Un availed of annual leave salary for 20 days.
6. The second party is directed to calculate the above amount and deposit the same in Court to the credit of the first party within thirty days from the date of passing this order.
7. Members, on consultation, expressed their opinion in favour of granting termination benefits to the first party with all legal dues.