1. AWARDI MD. NURUL ISLAM KHAN (CHAIRMAN). This is an appli--cation under section 34 of the Industrial Relations Ordinance 1969 made by the General Secretary, Finley Employees' Union, against Messrs James Finley & Co. Ltd.
2. The case of the first party is that one Nazir Islam was appointed as a Peon on 23-5-52 by the Import Department of the second party Company at their Narayanganj Office. His services were made permanent in due course. In 1960, the Import Department of the second party shifted to Dacca. So did Nazir Islam along with other staff. But subsequently he was transferred to M. Sarkies & Sons, Narayanganj, a subsidiary of the second party (now James Finley & Co., Ltd., Jute Department, Narayan--ganj) at their own accord, vide their letter, dated 27-2-61. In January 1969, a general notice was displayed by the Company to the effect that they would close down raw jute operation and the staff would be retrenched on juniority basis. At that time Nazir Islam applied to the second party to send him back to the Import department where there was no surplus of the staff. The second party ignored his appeal on 29-4-69 Nazir Islam was served with one month's notice of retrenchment with effect from 1-5-69. He lodged a protest against this unlawful and unjust notice of retrenchment on the ground that he was originally appointed by the surplus in the Jute Department should send him back to his parent department. After this the second party instead of sending him back to his original post of Peon in the Import Department, transferred him to the post of a permanent Darwan with effect, from 1-6-69. Then the second party again served him with a notice of retrenchment on 30-12-69. He again lodged, a protest on the same ground saying that he should be sent to the Import Department. But the second party did not materialise his request.
3. One Badsha Mia was appointed as a Greaseman with effect from 24-12-47 by Messrs M. Sarkies & Sons, Narayanganj, a subsidiary of the second party and his services were made permanent in due course. He was promoted to the post of Press-man and again to the post of Press Fitter and he had been working there in the workshop till 15-1-70. He was served with a notice of retrenchment, dated 16-1-70 on the ground that he was the junior most of his section. Badsha Mix lodged a strong protest on 19-1-70. He stated that he was the senior most staff and that if a single man had to be retained till the last existence of the workshop he should be retained there. The first party Union requested the second party to withdraw their retrenchment letter issued on Messrs Nazir Islam and Badsha Mia. But the second party regretted their inability to do so. Hence, this dispute raised between the parties and brought to this Court for adjudication.
4. The second party entered into appearance and filed written statement in which they stated that Nazir Islam was appointed in the establishment of the James Finley & Co. Ltd., in 1952 'and was transferred to the Jute Department, Narayanganj along with 6 others, but no objection was raised at that time. It was stated that the jute Department and Import Department are two separate and independent branches. The Jute Department at Narayanganj was under the Head Office at Chittagong and it had no connection with the Import Department of the Dacca Office.
5. As about the case of Badsha Mia, it was stated that he was originally appointed as a Greaseman on 24-12-47 and- promoted to the post of Pressman in 1953 as against 2 other employees who were promoted. As such, Badsha Mia was the junior most Pressman Fitter.
6. During hearing of the case, the, second party was directed to bring the combined gradation list of all the Peons, Darwans and Press-fitters with dates of appointment so that the seniority could be adjudged. The second party has failed to furnish such combined gradation List.
7. Point for determination: Whether the orders of retrenchment passed on Nazir Island and Badsha Mia are legal and valid.
8. FINDINGS AND DECISION It appears in the present case that no combined gradation list of the Peons, Darwans and Press Fitters has been submitted by the second party though 'It. has been admitted that the second party is the overall controlling authority of all such departments import Department, Jute Department, etc. and they had the authority to transfer any Darwans, Peon or Press fitter from one such Department to the other, and even from the principal to the subsidiary such as M. Sarkies & Sons. So in the present case it is crystal clear that these 2 workers were in the establishment of the second party Messrs James Finley & Co. Ltd. and there must have been a combined gradation list of any one class of employees under James Finley & Co. Ltd. Had it been a fact that employee---s of Jute Department were to grow and die there, there could not be any question of transfer by any superiority that is, the second party. So in the present case, it is quite clear that the second party with some motive transferred the incumbents from their regular departments to a surplus department where, there used to be some retrenchment. While exercising the right and authority to transfer their employees from one Department to another, the second party showed itself to be the master of his servants. But at the time of so-called retrenchment he denied his responsibility of transferring the senior employees from the surplus department to the regular dewhere there was no surplus. There has got to be a combined gradation list under the James Finley Establishment as the second party as proved by exercising its authority of transfer that it was one establishment. The case of Nazir Islam is quite clear. From the list of peons furnished by the second', party, it is quite clear that his (Nazir Islam's) juniors are still in employment and therefore he could; not be retrenched from services while his 'junior continue service. This is patently illegal and arbitrary.
9. As for the case of Badsha Mia, the second" party his failed to give us a list of Pressmen who is junior to the grade of Press Fitters, etc. In case Badsha Mia could not be kept a press Fitter because of juniorty as shown in the gradation list he could possibly be retained by reverting him to the po3t of Pressm an by retrenching the junior most man there. So it appears, that the case of the second party is incomplete in this score too.
10. We have discussed the non-compliance by the second party of certain direction of the Court in Order No. 6, dated 27-6-70 and it is not necessary to further dilate in the matter.
11. In view of the above findings I find that in the present the first party is entitled to the relief prayed for.
12. 1 accordingly award that Nazirul Islam Khan be re-instated to former post of Peon with all back wages within thirty days from the date of this order. I further direct the second party to re-instate Badsha Mia to the post of pressm an if there is any post of Pressman, with all back wages.
13. Members on consultation, agreed with my above decision.