SHAM AHMED vs Messrs ZENITH LTD., CHITTAGONG — 1971 PLC 116

Citation: 1971 PLC 116

Court: Labour Court

Year: 1971

Decision Date: 1971-07-10

Parties: SHAM AHMED vs Messrs ZENITH LTD., CHITTAGONG

Headnotes

Case cited as 1971 PLC 116

Judgment Text

Court Name: Labour Court Judge(s): M. A. Sabur, Ms. Nurul Huda, M. A. Meerza Title: SHAM AHMED vs Messrs ZENITH LTD., CHITTAGONG Case No.: Date of Judgment:1971-07-10 Reported As: 1971 PLC 116 Result: N/A Judgment ORDER MD. NURUL AUDA (CHAIRMAN). This is an application under section 25 of the East Pakistan Employment of Labour (Standing Orders) Act. Petitioner Shafi Ahmad alleges that he had been working under the second party (Messrs Zenith Ltd.) for over two years as a Fitter. He was suspended on 25-12-1969 on a flimsy ground. There was then a dhow of enquiry and he was dis--missed by an order, dated 6-1-1970. The petitioner then submitted a grievance petition, which did not bring any tangible result. So the petitioner has come before the Court for re-instatement in service. The second party filed a written statement wherein it is stated that the petitioner was charge- sheeted for gross misconduct for disobedience to carry out lawful orders and wilfully damaging, company's property and on enquiry the petitioner was found guilty and he has been rightly dismissed from service The question is whether the dismissal of the petitioner is proper and valid. We .may say at this very outset that there was no charge sheet according to Law. Law provides that the allegations~ against the worker should be recorded in writing, he should be given not less than three days' time to explain and there should an indication that he should be given personal hearing if prayed for. The…

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