1. MD. NURUL ISLAM KHAN (CHAIRMAN). This is an application under section 25(i)(b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 which will be hereinafter referred to as the Act.
2. The case of the first party is that he was appointed under the second party in January 1969 at a monthly pay of Rs. 110.00 from which an amount of Rs. 60.00 was deducted as his fooding expenses and after 3 months the second party told him to work as a piece-rated worker for a weekly wage of Rs. 30.00. He worked on piece rate till 6-8-69 when the second party did not allow him to work and verbally dismissed him from services. In spite of his pleadings he was not allowed to work in the establishment, so he sent a grievance petition on 8-8-69, by registered post with A/D. But the same was refused by the second party.
3. The second party was notified twice from this Court to appear in the present .case. But it seems that he chooses not to appear in the Court. In the circumstances, the case had to be heard ex parte in presence of the members. The first party was present in Court and he made his submissions in support of his plain case.
4. It appears that the first party - was appointed in January 1969 and subsequently he was dismissed with effect from 6-8-69 and that his greivance petition was not replied to by the second party. No cause has been shown by the second party to the first party or to the Court in connection with this case. It appears that the case of the first party has been proved. It has also been proved that the first party was, getting weekly wage of Rs. 30.00. It has however, be stated that the second party is adament in not taking the first party back to his post. It, therefore, seems advisable allow the first party only the termination benefits in the facts and circumstances of the case.
5. The members were consulted and they submitted their written opinion in favour of granting termination benefits.
6. It is accordingly ordered that the second partly be direct--ed to deposit the following amount in Court to the credit of the first party within thirty days from this data as termina--tion benefits.
7. (1)45 days notice pay in lieu of notice at the rate of Rs. 5 per day(Rs. 30/6=Rs. 5).
(2) Compensation for 14 days at the rate of Rs. 5 per day.
(3) Any other legal dues if any to be calculated by the second party.