1. MD. NURUL ISLAM KHAN (CHAIRMAN).--This is an application under section 25(1)(b) of the East Pakistan Employment of Labour (Standing Orders) Act; 1965, hereinafter referred to as the Act.
2. I he case of the first party was that he was appointed on 1-9-69 as a Mate at a monthly, pay of Rs.125.00, and that while in continuation of his service, the same was terminated by an order dated 25-12-70 without giving him any termination benefits. Hence this petition. He has further stated that he received no reply to his grievance petition from the second party.
3. The second party entered into appearance and filed written statement in which they said that by an appointment letter the 2A period --f probation of the first party was for 6 months, and that before this 6 months period ha was terminated and hence he was not entitled to any relief. As. such -the petition is not maintainable.
4. Point for determination is whether the first party is entitled to any relief.
5. FINDINGS ASD DECISION It appears from the provisions of section 4(2) of the Act that the period of probation in case of an unskilled worker shall be for three months only. It has been admitted that the first party is a Cooli Sardar who was termed as a Mate in 'his appoint--ment letter. It, therefore, appears that his job comes within the category of unskilled worker, and as such, even if there was at term in his appointment letter extending his probation for six months, the term would be invalid. So the second party cannot claim any benefit on the basis of their self-imposed term which contrary to the provisions of the Act. Hence it appears that the first party had become permanent worker and he is receive benefits under section 19 of the Act, It is, therefore, ordered, that the first party be given termi--nation benefits according to law and the second party be directed to deposit the amount in Court to the credit of the first party within 30 days from the date of this order.
6. Members on consultation opined as above upholding my decision.