1. MD. NURUL ISLAM KHAN (CHAIRMAN). This is an application under section 2.5(1)(6) 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 was that he was a permanent worker working under the second party since 7-3-1966 and his last salary drawn was Rs. 165'45 per month. There was no spot in his service career. The second party issued a letter of dismissal, which he received on 1-5-1970. There was no charge sheet, no notice or legal payment. Being aggrieved, he served a grievance petition upon the second party by registered post with A/D on 2-5-1970, which was duly received by the second party. The second party sent a reply-dated 1-6-1970, which the first party received on 3-6-1970. His grievance being not redressed, he has filed this application to the Court with prayer for directing the second party to re-instate him to his former post with all arrear dues.
3. The second party filed written objection and contested the case. Second party's case is that the first party entered into a contract with the second party after the Standing Orders Act came into being and he -is, therefore, bound by the terms and condition as agreed upon in the said contract.
4. It has been stated that the letter of appointment was issued to the first party only on 11-5-1966. The first party was neither discharged nor dismissed.
5. So the second party has admitted that the first party was neither discharged nor dismissed, but his services were terminated. As such by their own admission the second party is bound to give the first party termination benefits as per provisions of the Act. Any subsequent appointment letter or contract between the parties after the continuance of the Standing Orders Act in derogation of the provisions of the latter would not be binding .4 upon the first party, and as such he can always demand the legitimate benefits and the provisions of the Act. During submissions by the parties it transpires from the second party that the last pay drawn by the first party was Rs.1725, and the average wage came to Rs. 16903. The first party has failed to give any figure.
6. In the facts and circumstances of case I do not like to pass the order of re-instatement- of the first party.
7. It is, therefore, ordered that the first party be paid termination benefits as per law and the second party be directed to calculate and deposit the amount in Court in favour of tile first party within thirty days from today.
8. Written opinions of the Members have been consulted before writing this judgment.