ABDUL MANNAN TALUK­DER Vs. BANGLADESH HOUSE BUIL­DING FINANCE CORPORATION
LAWS(BANG)-1989-12-1
SUPREME COURT OF BANGLADESH
Decided on December 12,1989

Abdul Mannan TalukĀ­Der Appellant
VERSUS
Bangladesh House BuilĀ­Ding Finance Corporation Respondents

JUDGEMENT

M.H.RAHMAN,J. - (1.) This appeal by special leave is directed against the judgment and order dated 14.2.88 of the High Court Division, Dhaka passed in Writ Petition No. 1632 of 1988, filed by respondent No.1, the Bangladesh House Building Finance Corporation.
(2.) The appellant, a Supervisor, was posted at the relevant time at the Head Office of the Corporation in Dhaka and he was the organizing secretary of the Karmachari Union of that Corporation. His case is that as a Trade Union leader he was not liable to be transferred without his consent to any station outside Dhaka under section 47B of the Industrial Relations Ordinance, 1969 (hereinafter referred to as the I.R.O.), but he was illegally transferred from the Head Office to the Corporation's Regional Manager's Office at Comilla. The appellant challenged that order by instituting I.R.O. Case No.267 of 1988 before the First Labour Court, Dhaka under section 34 of the I.R.O.
(3.) The Corporation contended before the Labour Court that under section 4 of the Administrative Tribunal Act, 1980 the Administrative Tribunal set up under that Act had exclusive jurisdiction to try the petitioner's grievance and his petition under section 34 of the I.R.O. was not maintainable. It was further contended by respondent No.1 that the appellant's service was a transferable one and that in pursuance to a circular of the Ministry of Finance dated 25.1.83 which provided for transfer of any employee in any office working for more than three years at one station the appellant, who was in Dhaka more than thirteen years, was transferred to Comilla along with four others.;


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