1. MD. NURUL HUDA (CHAIRMAN). This is an application under section 25 (1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act. Petitioner alleges that he was working under the second party since March 1959 and that he was abruptly removed from service most illegally on 12-4-1969. The petitioner now prays for benefits for illegal termination of his service. 2nd party on the other hand contends that the petitioner voluntarily resigned and that on receipt of his dues he has granted a receipt in acknowledging the same.
2. The fact remains that the petitioner was an employee under the second party for about 10 years.
3. His case is that he has been illegally dismissed whereas contention of the 2nd party is that the petitioner willingly resigned and granted a receipt in full and final settlement of his claims.
4. Petitioner Sirajul--lah has deposed to say that he was removed from service and that he did not resign or grant any receipt. He has denied his signature on the alleged receipt. The man who has deposed on the side of the 2nd party is not competent to say if the petitioner resigned from service and granted the receipt in question for he was not here at Chittagong at the relevant time, he was then at Karachi. So the statement of the petitioner that he was removed from service and he has not granted the alleged receipt goes unchallenged to say. It is held that the petitioner has been removed from service without observ--ing legal formalities. The petitioner is therefore, entitled to termination benefits. It appears that the, pay of the petitioner was Rs. 6, per month. He used to get fooding on gratis and it is not included in his pay. Opinion of the two learned members is also in keeping with my view. It is accordingly, ORDERED That the case be allowed on contest. 2nd party do pay up the dues of the 1st party as follows: Re.
(1) Three months' notice pay,80.00
(2) Compensation for 140 days280.00
(3) Twenty days leave pay 40.00
(4) Unpaid wages from 1-3-1969 to 11-4-169 82.00 Total amount582.00 Second party do comply with this order within one month from today.