SYED ABU HOSSAIN ARSHAD Vs. BANGLADESH SUGAR AND FOOD INDUSTRIES CORPORATION
SUPREME COURT OF BANGLADESH
Syed Abu Hossain Arshad
Bangladesh Sugar And Food Industries Corporation
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MD.GHOLAM RABBANI,J. -
(1.) Syed Abu Hossain Arshad, Md. Nazrul Islam and Md. Majed Ali Khan are the petitioners respectively in Leave Petition Nos. 1155 to 1157 of 1999. While serving in Faridpur Sugar Mills under Bangladesh Sugar and Food Industries Corporation as Cane Development Inspectors, they were posted/promoted to the post of senior officers in the said Mills. Being aggrieved by this order they respectively filed IRO Case Nos. 39, 36 and 35 of 1994 in the Labour Court under section 34 of the Industrial Relations Ordinance, briefly, IRO., on the ground that the orders of posting were designed to restrain them from carrying on their trade union activities.
(2.) The said three cases were disposed of simultaneously on 25-10-1994 and were all allowed Bangladesh Sugar and Food Industries Corporation and Faridpur Sugar Mills jointly obtained Rule in Writ Petition Nos. 6 to 8 of 1995 against the said three judgment of the Labour Court. By the analogous judgment and order dated 15-7-1999 impugned in these leave petitions, the High Court Division made the Rule absolute and set aside the aforesaid judgment of the Labour Court. Under the circumstances by this order all the three leave petitions will be disposed of.
(3.) Leave petitioners learned Advocate submits that the High Court Division was wrong to hold that the posting of the leave petitioners from the post of Cane Development Inspectors to that of the Junior Officers was not promotion, but a design to restrain them from carrying on their trade union activities.;
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