BANK OF CREDIT AND COMMERCE (OVERSEAS) LTD. Vs. TAJUL ISLAM CHOWDHURY

JUDGEMENT

(1.) This is respondent -Bank's appeal by leave from the judgment and order of the High Court Division dated 14.2.91 in Writ Petition No. 431 of 1989 making the Rule absolute. The petitioner in the writ petition (respondent No. 1 herein) Tajul Islam Chowdhury, a cashier of the appellant-Bank, Bank of Credit and Commerce (Overseas) Ltd., shortly the BCCI and at the relevant time the General Secretary of the BCCI Employees Union, was dismissed from service on 16.2.88 for misconduct. Upon his filing complaint Case No. 19 of 1988, the First Labour Court, Dhaka held the order of dismissal to be legal but in view of severity of sentence converted it to one of termination from service with termination benefits. In the writ petition the High Court Division held that charge No. 4, held to be proved by the Labour Court, does not fall within the terms of clause (a) or (f) or of any other act of misconduct provided in section 17(3) of the Employment of Labour (Standing Orders) Act, 1965, shortly the Act, and as such declared the Labour Court's order of affirmance of the order of dismissal to have been made without lawful authority and to be of no legal effect. Nothing was said about the Labour Court's order of termination of respondent No. 1 from the service of the bank.

(2.) The appellant-Bank obtained leave from this Court on 27.3.91 against the judgment and order of the High Court Division, but during the pendency of the appeal all commercial activities of the appellant- Bank BCCI were stopped by the Government of Bangladesh with effect from 20.8.91 in exercise of powers under section 77(2) of the Banking Companies Act, 1991. Eastern Bank Ltd. has filed an application for substitution in place of the appellant stating that the BCCI is not now in existence in Bangladesh and that under Notification No. BCD (G) 115(5) -1178 (2) dated 8.8.92 Eastern Bank Ltd. has been established under Certificate of Incorporation No. C-22554 (961) dated 8.8.92 in pursuance of a scheme of reconstruction by the Bangladesh Bank under section 77(4) of the said Act.

(3.) Mr. Rafique-ul Huq, learned Counsel for Eastern Bank Ltd, submits on instruction from his client that Eastern Bank Ltd. will be bound by the decision in this appeal as it has submitted to the jurisdiction of this Court by a voluntary substitution.