1. MD. NURUL HUDA (CHAIRMAN): This case arises out of an application under section 25(1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act.
2. Petitioner Dhirendra Lal Day who was a Driver under the second party has lost his job without no faults of his. He has claimed termination benefits. The second party were served with grievance notice but they did not pay any heed. In spite of notices by this Court they fail to appear to answer the demands which are known to them. The petitioner has taken oath and his evidence shows that he worked under the second party as conductor at a pay of Rs.210.00 per month from February 1959 to December 1963. And thereafter at Rs. 300.00 as Driver up to 12-7-69 including leave.
3. Carriage of goods and passengers in Buses is a business and the same is covered by the definition of Industry. As the petitioner's services have been dispensed with for no faults of his he should get termination benefits. That is also the opinion of the two members who set in aid of the Court.
4. Accordingly it is directed that the Second party do pay Ra. 2,510.00 to the petitioner 1st party as detailed below :-- Rs.
(a) Three months' pay in lieu of notice900 00
(b) Compensation for 70 days at490.00 Rs. 210 p.m.
(c) Compensation for 70 days at 700.00 Rs. 300 p.m.
(d) Arrear Wages leave as claimed420.00 Total amount2,510.00 (Rupees Two thousand five hundred and ten only.)
5. The second party do pay up the decreed Rs. 2,510.00 t9 the 1st party petitioner, within one month from today.