MUHAMMAD ASHRAF AND ANOTHER vs THE FACTORY MANAGER — 1971 PLC 301

Citation: 1971 PLC 301

Court: Labour Court

Year: 1970

Decision Date: 1970-09-17

Parties: MUHAMMAD ASHRAF AND ANOTHER vs THE FACTORY MANAGER, NATIONAL SUGAR MILLS LTD.,

Headnotes

Result: applications succeed Judgment ORDER MD. NURUL ISLAM KHAN (CHAIRMAN).-These two cases arise out of applications made under section 25(1)(h) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 which will be hereinafter referred to as the Act.

Judgment Text

Court Name: Labour Court Judge(s): Muhammad Karim, S. A. Hakem, Nurul Islam Khan Title:MUHAMMAD ASHRAF AND ANOTHER vs THE FACTORY MANAGER, NATIONAL SUGAR MILLS LTD., Case No.: Complaint Cases Nos. 396 and 397 of 1968 Date of Judgment:1970-09-17 Reported As: 1971 PLC 301 Result: applications succeed Judgment ORDER MD. NURUL ISLAM KHAN (CHAIRMAN).-These two cases arise out of applications made under section 25(1)(h) of the East Pakistan Employment of Labour (Standing Orders) Act, 1965 which will be hereinafter referred to as the Act. These two cases are against the same second party that is, the Management of National Sugar Mills Ltd. The first parties were the employees of the second part. Both of them resigned from their posts and prayed for gratuity in terms of their service conditions. The resignations were accepted, but they were riot given any gratuity as the second party refused to recognize any such term in case of their resignation from service. In view of this common fact of the case, these two cases would be decided together. The case of the first party Md. Ashraf in Complaint Case No. 396 of 1968 is that he was appointed as Cashier under the second party since 22-12-1953 and as per terms and conditions he was to get gratuity at the rate of one month's pay for every completed year of service and a lump sum amount of Rs. 1,000.00 for the removal of his family from the mill premises in case he resigned or the firm terminates his services. The first party continued as…

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