KHULNA NEWSPRINT MILLS LTD. Vs. KHULNA NEWSPRINT EMPLOYEES UNION

JUDGEMENT

(1.) This appeal by special leave was filed by Khulna News Print Mills Limited whose appeal, against the award of the Chairman of the Industrial Court of the then East Pakistan in favour of Khulna News Print Employees Union declaring the order of termination of services of a workmanNurul Ganito be wrongful and unfair, was dismissed by the High Court.

(2.) Briefly the facts of the case are that the aforesaid Nurul Gani, who was employed as a workman in the Khulna News Print Mills Limited, was charge-sheeted and suspended on 28-2-63 under clause 13(3) of the Standing Orders in the Schedule of the Industrial and Commercial Employment (Standing Orders) Ordinance, 1960 (hereinafter referred to as "the Ordinance") for assaulting a Foreman and on cause being shown the order of suspension was cancelled and he was allowed to join his duties on 7-3-63 but on the following day, that is, on 8-3-63 his services were terminated by a letter which was to the following effect :

(3.) Conciliation having failed, the dispute was referred by the Khulna News Print Employees Union to the Industrial Court which in its award published in the Gazette on 24-2-64 ordered the reinstatement of Nurul Gani after holding that as his services were terminated without assigning any cause the order was wrongful and unfair, for, in the opinion of the Court, the employer had no such prerogative under clause 12 of the Standing Orders.