1. MD. NURUL ISLAM KHAN (CHAIRMAN).-This is an application under section 25 (1) (b) of the East Pakistan Employment e Labour (Standing Orders) Act, 1965, which will be hereinafter referred to as the Act.
2. The case of the first party is that he was employed o; 1-7-67 as a Technician under the, second party. His last pa was Rs. 300.00 per month. On 3-6-69 the second party terminated his services by a letter informing him that he could get on month's notice pay for such termination. He sent a grievance petition which was replied to by the second party, but not terms favorable to him. He represented for termination benefit and he has also prayed for termination benefits in this application before the Court.
3. The second party entered into appearance and submitted that the first party's services were not satisfactory as complaint; were received against him for dishonesty, misappropriation of pats and unfair practices. For this the company was suffering loss. As a measure of punitive action, without taking some other criminal action or disciplinary action against him such as dismissal or discharge the company very compassionately terminated his services. Hence it is submitted that the applica--tion should be dismissed with costs.
4. Point for determination is whether the first party is entitled to termination benefits as prayed for.
5. While this matter was under discussion, we have heard the parties and the learned counsel for tile second party admitted that though there were material allegations against the first party, the second party due to their ignorance failed to comply with the specific provision of sections 18 and 25 of the Act. There should, have been an enquiry into the allegations against the first party and he should have been given a personal hearing regarding the allegations against him. But due 'to misconceived notion the second party did not carry, out the provisions of la and instead, thought it wise to take unilateral action. As a result of this mistake by the second party, the first party could get the benefits as formally this termination, as it would appear from the letter of termination of services, should be regarded a termination simpliciter. In view of this the learned counsel for the second party has admitted the claim of the first party with such adjustment as might have already taken place in view of some payments already made to the first party.
6. Hence the application is allowed in part and it is ordered that the first party be given the following termination benefits-
(1) 90 days notice pay at the rate of Rs. 300.00 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, i.e., for 2 years (14 x 2) = 28 days..
(3) Unavailed leave salary for 30 days.
7. (4)3 days' unpaid salary for the month of June 1969.
(5) Bonus or part bonus, if permissible under rules.
8. The second party is directed to calculate the above amount and after adjustment deposit the balance in Court to the credit of the first party within thirty days from the date of passing this order.
9. Members 'on consultation agreed with my decision above.