Decided on May 17,1976

Bangladesh Tea Estate Ltd. Appellant
Bangladesh Tea Estate Staff Association Respondents


KEMALUDDIN HOSSAIN, J. - (1.) This is an appeal by special leave at the instance of the Second Party appellant against the judgment of a Division Bench of the Dacca High Court in First Miscellaneous Appeal No. 131 of 1968 dismissing the appeal filed by the appellant sustaining the order of the Second Labour Court, Chittagong.
(2.) The facts are, that the Appellant, a company holding tea estate in the Chittagong district, employed Nurul Absar Chowdhury a clerk, Grade III from 1st June, 1964. He was subsequently promoted to Grade II, Garden clerk on 3-7-67. The appellant by a letter terminated the service of Nurul Absar under section 19 of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 hereinafter called the "Standing Orders Act" offering him his legal dues. The employee instead of receiving his dues raised a labour dispute through the Union under East Pakistan Labour Dispute Act, 1965, hereinafter called the "Labour Dispute Act". The Union (East Pakistan) Tea Estate Staff Association, is the Respondent, The principle contention of the respondent was that Nurul Absar was an active member of the Union and was its Unit Representative of the Chittagong Circle, and that he took active part in the union matters, and so the employer victimised him for his trade union activities.
(3.) The appellant's contest centred round the maintainability of the case and the jurisdiction of the Labour Court on the ground that Nurul Absar was not a 'worker' within the meaning of section 2(m) of the Labour Dispute Act. It was also contended that the termination was under section 19 of the Standing Orders Act, which gives the employer right to terminate the service of their worker without assigning any reason. The allegation of victimization was denied. The appellant also denied that Nurul Absar was a unit representative. At the trial the respondent union examined 3 witnesses and the appellant one, the Manager of the company. The Labour Court on consideration of evidence held that the termination of service of Nurul Absar was malafide, a case of victimization for his trade union activities arid accordingly made an award directing his reinstatement with back wages. Nurul Absar was found to be a unit representative of the Union.;

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