1. MD. NURUL ISLAM KHAN (CHAIRMAN).-These two applications have been filed by 2 employees of the second-- party employer under section 25 (1) (b) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter referred to as the Act, with prayer for re-instatement with all back wages, or in the alternative, for terminationbenefits.
2. The first party in Case No. 244 of 1969 states that he ins employed under the second party since 1-1- 1968 and was drawing a last pay of Rs: 85.00 pet month. The second party suddenly terminated his services on 8-8-1969. The first party submitted a grievance petition on 12-8-1969. Then the second party directed him to join his post on 19-8-1969. When the first party went to join to his duties he was not allowed to join, He met the second party on 20-8-1969 to join to his duty, but this time also he was not allowed to join. He sent a second grievance petition on 28-8-1969, but there was no reply. Hence his prayer as stated above.
3. The complainant in Case No. 245 of 1969 Abdul Aziz stated that he was employed under the second party since 16-11-1966 and was drawing a last pay of Rs. 200.00 per month. The second party suddenly terminated his services on 8-8-1968. The first party sent a grievance petition on 12-8-1969 and then the second party directed the first party to join, his post. When the first party went to join on 19th of August 1969 he was not allowed to join. He again went on 20th August 1969 when also he met with the same fate. So he sent second grievance petition on 28-8-69. His petition was not replied to.
4. In the-present cases notices were served on the second party. But they did -not attend the Court.
5. Hence the petitioners were heard ex parte. It- appears from the facts and circumstances- of the case that the prayers of the first parties, have, to be admitted as the second party acted mala fides. Hence these petitions are allowed.
6. Accordingly these two applications are allowed ex part and " an award is given in favour of the first party directing the second party to re-instate the two petitioners to their former posts with all back wages, within thirty days from the date of passing this order and to report compliance to this Court.
7. Members on consultation agreed with my above decision: This order will govern both the cases.