East West University: Mid Term-1 Examination

East West University
Mid Term-1 Examination

Semester: Summer 2021
Name: Niloy Singh
ID: 2018-3-66-027
Course Code: LAW 304
Course Title: Labour Law
Section: 01
Course Instructor: Nabila Farhin
Ans. To the Q. N. 1
Issue: Whether Mr. Ahmed a worker under section 2(65) of The Bangladesh Labour Act, 2006 or
not?
Law: Senior Manager, Messers Dost Textile Mills Ltd. and another vs. Sudhanshu Bikash Nath;
section 2(65) of The Bangladesh Labour Act 2006.
Analysis: Mr. Ahmed is a security guard and appointed in Sonali Bank Limited and recruited by
a contractor called the Elite Force. Here according to the The Bangladesh Labour Act, someone
will be worker if he do some clerical work other than the work which include managerial or
administrative capacity. Mr. Ahmed is a worker as he has not any supervisory capacity or limited
independent decision making power. Here he is a mere worker appointed by another recruiter on
a temporary basis. In Senior Manager, Messers Dost Textile Mills Ltd. and another vs.
Sudhanshu Bikash Nath it was held that the nature of the work is necessary to determine whether
a person is a worker or not. Here, his nature of work dose not go with managerial or
administrative other than a worker.
Conclusion: As, his nature of work go with the worker capacity, that why he is a worker.
2.
Issue: Whether Mr. Ahmed is a ‘permanent worker’ under the Bangladesh Labour Act, 2006 or
not?
Law: Managing Director Rupali Bank vs First Labour Court; Samir Malaker vs. The Chairman,
Divisional Labour Court, Khulna and another.
Analysis: Firstly, Mr. Ahmed is appointed for a specific period in the Sonali Bank. He was
appointed under a contract of five years. Here he is a temporary worker as his appointed for a
time period. In Managing Director Rupali Bank vs First Labour Court, it was held that if a
person is appointed for a specific period or for a specific project or job then he is a temporary
worker. So, he will be a temporary worker in case of Sonali Bank.
However, he will be a permanent worker in Elite Force for his nature of the job. In Samir
Malaker vs. The Chairman, Divisional Labour Court, Khulna and another it was held that if the
person is not actually doing something temporarily then the person is not a temporary worker.
Here Mr. Ahmed is recruited by that Force for a permanent work then designated to the bank. So,
in case of Elite Force he will be a permanent worker.
Conclusion: In terms of the bank he will be a temporary worker but he will be a permanent
worker in case of Elite Force.
3.
Issue: Whether the title suit in the Assistant Judges Court maintainable or not?
Law: Senior Manager, Messers Dost Textile Mills Ltd. and another vs. Sudhanshu Bikash Nath
Analysis: Mr. Ahmed filed a title suit in the Assistant Judges Court. We know he is a worker for
his nature of the job. As per the law a worker will get remedy for his occupation under The
Labour Act and in the Labour Court. Here Mr. Ahmed being a Labour filed his suit for his
occupational remedy in the court of Assistant Judges. However is such case a suit will not
maintainable. In Senior Manager, Messers Dost Textile Mills Ltd. and another vs. Sudhanshu
Bikash Nath it was held that a suit by a person who is a worker, relating to his profession, is only
maintainable before the Labour Court. So, Mr. Ahmed should file a suit in the Labour Court not
in the court of Assistant Judges.
Conclusion: Mr. Ahmed should file his suit in the Labour Court for his labour dispute. So, his
title suit in the Assistant Judges Court is not maintainable.
4.
Issue: Whether the termination of Mr. Ahmed is valid or not?
Law: Section 26 of The Bangladesh Labour Act 2006, Bangladesh Tea Estate Ltd. vs.
Bangladesh Tea Estate Staff Union.
Analysis: If termination has victimization or motive like than court of justice lift the veil and
look for the genuine cause. If there is any cause of victimization then court will look into it. Here
Mr. Ahmed was terminated by Sonali Bank without any notice or compensation. This is a
termination simpliciter by Sonali Bank. However, according to the section 26 of The Bangladesh
Labour Act 2006, a temporary worker will get one month prior notice in written or wages of one
month in lieu of notice for monthly rated workers. As, Mr. Ahmed is a temporary worker in the
bank he is entitle such notice or compensation under section 26.
Sonali Bank did not provided such notice or compensation to Mr. Ahmed rather victimized him
as he filed a title suit. The bank terminated him because he filed a suit for to get back to the
previous post. Here is a clear case of victimization and in such case court will lift the veil and
will look for the genuine cause. It was also held in Bangladesh Tea Estate Ltd. vs. Bangladesh
Tea Estate Staff Union that the court shall not go behind to see that a termination simpliciter is
malafide or not rather court will grant appropriate relief if there is a case of victimization.
Conclusion: The termination will be void as the bank did not provided the notice or any kind of
compensation in the time of his termination.
5.
Issue: Whether the AMC Mill authority can take any action against Karim or not?
Law: Section 23 (4) (d) of The Bangladesh Labour Act 2006, Glaxo Bangladesh Ltd. vs.
Chairman, Labour Court and others.
Analysis: Karim, a worker, take five days casual leave from his company AMC Mill. However,
he did not present himself at his workplace for 15 days after his granted leave of five days. Here,
this will be a misconducted if Karim is absent without any notice. According to the section 23 (4)
(d) of The Bangladesh Labour Act 2006, habitual leave for more than 10 days without leave or
absence will be counted as a misconduct and for this employer can sack a worker. Also, in Glaxo
Bangladesh Ltd. vs. Chairman, Labour Court and others it was held that if someone take
unauthorized leave of more than 10 days than his employer can sack him from his job.
Conclusion: So, AMC mill can sack Karim, which is maximum according their authority, if that
leave of 15 days is a unauthorized leave.

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East West University

Mid Term-1 Examination

Issue: Whether the termination of Mr. Ahmed is valid or not?

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