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 hereinafter referred to as the Act by the first party for termination benefits and other legal dues.
2. The members are present. The first party is present. The second party took, time on the last date on condition that they would pay Rs. 30 as adjournment cost to the first party. But neither the lawyer of the first party nor any other Representative or any one of the second parties appeared in spite of repeated calls. We waited up to 1 p. m. So the case is taken up for ex parte disposal. P. W. 1, Syed Sajjad Kazim was examined. There was none to cross-examine him.
3. The case of the first party is that he entered into the service of the second party on 2-4-65 at a monthly pay of Rs. 222.50 as a Field Steward. His services were confirmed by a letter dated 18-6-65 with effect from the date of entry into the service. He was later promoted to the post of Field Service Assistant in July 1969. However, his services were finally terminated by a letter dated 18-11-69 with effect from 20-11-69. At that time his pay was Rs. 398.50. The second party wanted to pay him only one month's pay. He was not allowed any notice time under section 19 of the Act. It appears from the papers produced by the first party that the first party was a permanent worker and that in case of termination of his services he 'ought to have been given 19 days' notice and all other dues ought to have been paid to him. So the second party appears to have violated the salient provision of the Act. In view of this we have to admit the claim of the first party. The application of the first party is allowed ex parte and it is awarded that he should get all termination benefits and other legal dues as are admissible to him.
4. The first party should be given
(1) 90 days notice pay in lieu of notice at the rate ofRs. 398.50 per month.
(2) Compensation for 70 days at the rate of 14 days' wages for every completed year of service that is for 5 years.
(3) Arrear pay for 20 days of the month of November 1969.
(4) Provident fund contribution payable to him as per rules of the Company.
(5) Unavailed of leave salary, if due.
5. The entire amount shall be calculated by the second party and deposit in Court to the credit of the first party within thirty days from the date of passing this order. Both the members agree with my above decision on con--sultation.