1. MD. NURUL ISLAM KHAN (CHAIRMAN).--This is an applica--tion under section 25 (1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965; hereinafter referred to as the Act.
2. The case of the first patty is that he was serving under the second party since 1959 and lastly he was drawing a pay of Rs. 250-00 per month. The first part- started his work under the Aziz Motors under Mr. Ahmed Nagi, father of Mr. A. Quddus Nagi in 19059. Thereafter the same proprietors started another firm under the name and style of Nagi Motors which used to be run by Mr. Abdul Wadud Nagi, son of Abdul Quddus Nagi. In 1968 they started Orient Motors and the services of the first party were transferred from Aziz Motors, Nagi Motors and then to Orient Motors without obtaining his consent. As the proprietorship and Management remained the same with the Nagi family, he had no objection and as there was no break of his service, no practical difficulty arose.
3. His services were terminated on 16-6-69 verbally and that very day he was granted a certificate of service by Mr. A. Wadud Nagi. He sent grievance petition on 25-6-69. But his grievance petition was not replied of Hence he claimed termination benefits in his application before this Court.
4. The second party contested the claim of the first party by filing a written statement in Court. It was stated that the present first party was employed under the second party in Orient Motors only in 1968 and that as such, his services had no lien so far the Orient Motors is concerned. The allegations are false. He has himself absented from duty and as such doing the works of their clients and thus rendering the Orient Motors ineffective. The application should be dismissed with costs.
5. Points for determination:
(1) Whether the first party was illegally dismissed from service or his services were terminated illegally by the second party without payment of his legal dues?
(2) What relief, if any, is the first party entitled to?
6. FINDINGS AND DECISION Both the points would be taken up together for the sake of convenience.
7. The first party was examined and cross-examined. It appears that he entered into the service of Nagi family as early as 1959, first in Aziz Motors and later in Nagi Motors-both located at 9, Wiseghat, Dacca where the Nagi family started a style of their own by setting up firms in different names. They first started Aziz Motors which is still there. Then they started Nagi Motors in the same premises under the same Management. The father and the two sons are recognized proprietors and Managers of these firms and to an illiterate mechanic like the first party they appeared to be 'Maliks' without any discrimination as they changed the manner and pattern of the ownership. Later the youngest son Mr. A. Wadud Nagi has started a new motors at Grean Road where the first party wag transferred. At the grumbling he was granted an increment if Rs. 50'00. There was no break in his service and he used to be paid by the same Mr. Ahmed Nagi as before. So it appears that the first party all along had been working under the same Management though they used to set up different shops at different times according to their sweet-will.
8. For all these evidence and reasons it appears that the first party had been working under the same Management anti ownership. He has put in 10 years' service: But the service of the first party were terminated without payment of any termination benefits which he is entitled to according to law.
9. So he must be given the termination benefits.
10. The application is, therefore, allowed on contest and it is ordered that the first party be given full termination benefits as follows: Rs.
(i) 90 days' notice pay at the rate of Rs. 250---00 per month.750'00
(ii) Compensation for 10 years at the rate of 14 days' wages for every completed year of service or for any part thereof in excess of six months at the rate of Rs. 205.00 per month.956.66 Total 1,706---66 The second party is directed to deposit the amount in Court to the credit of the first party within thirty days from the date of passing this order.
11. I have taken into consideration the written opinion of the Member concerned while giving my above decision.