1. MD. NURUL ISLAM KHAN (CHAIRMAN). In this application, under section 25 (1)(b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965, hereinafter referred to as the Act, which was heard- ex parte, the ostensible cage of the first party is that he was appointed as a Proof Reader in the Daily Paige of the second party on the 23rd January 1964 at a monthly pay of Rs. 125.00. On 25- 9-69 at 9 p. m. when the first party went to join his normal duty, the Section Incharge refused him to Allow to do so and informed him that he had been dismissed. There has been a gross violation of the provisions of law. His last pay was Rs. 179.00. As against his ', verbal dismissal he sent a grievance notice on 2-10-1969 under registered post with A/D. The second party called him on 25- 10-69 and again on 28-10-69 for compromise. But it failed due to the recalcitrant attitude of the second party.
2. It appears in this case that the second party lawyer was present on 4th June 1970. But on the final date of hearing the second party was found absent on repeated calls. There was no submission on the side of the second party. In view of the facts and circumstances the case of the first party has been proved to the hilt, that he has been dismissed verbally. There was no reply to his grievance petition. There has been gross violation of the provisions of law by the second party. The second party has shown a recalcitrant attitude in the matter. A But in view of the facts and circumstances of the present case I do not direct re-instatement of the first party to his former post Hence it is ordered that the case be allowed ex parte and the second party is directed to grant termination benefits to the first party as shown below:
(1) Notice pay for 90 days in lieu of notice at the rate of Rs. 179.00 per month.
(2) Compensation at the rate of 14 days' wages for every completed year of service or for any part thereof in excess of six months.
(3) Unavailed of annual leave due.
(4) Unpaid arrear wages, if any.
(5) Other legal dues, if any.
3. The second party is directed to calculate amount and deposit the same in Court to the credit of the first party within thirty days from this date.
4. The Members on --- consultation expressed their opinion agreeing with my decision above.