S.M. QUDDUS Vs. CHAIRMAN, LABOUR COURT

JUDGEMENT

(1.) These three petitions were heard analogously and are disposed of by one order. All the three judgments of the High Court Division dated June 6, 1979 in Writ Petition Nos. 993, 994 and 995 of 1978. The petitioner S.M. Quddus was an Office Assistant in the office of respondent No. 2 at Agrabad, Chittagong. The petitioner Amin Sharif was a cook in the canteen run by the respondent No. 2 at Agrabad, Chittagong. The petitioner Nuruzzaman was an Assistant Cook in the establishment of respondent No. 2 at Agrabad, Chittagong. All the three petitioners were charged with misconduct alleged to have been committed in connection with purchase of 15 seers of onion and 14 seers of fish for the Canteen run by the Respondent No.2. They submitted their reply to the charge. An enquiry was held by an officer of the company and on receipt of the report the employer dismissed the petitioners from their service. Against the order of dismissal the petitioners separately filed complaint case before the Labour Court, The Labour Court found that the evidence on record was not sufficient to warrant the order of dismissal, and set aside the order of dismissal, but instead of ordering reinstatement of the petitioners directed the employer to give termination benefits to the respective petitioners under section 19(1) of the Employment of Labour (Standing Orders) Act. 1965. The petitioners not being satisfied with this order moved the High Court Division. The High Court, however, did not find any ground for interference. Hence the petitioner contended that the High Court Division failed to appreciate that the Labour Court acted without jurisdiction in directing the employer to give termination benefits to the petitioners instead of directing reinstatement to their service after setting aside the order of dismissal.

(2.) Mr. Mozammel Hoq, the learned counsel appearing for the petitioners submitted that the Labour Court acted beyond the scope of section 25 of the Employment of Labour (Standing Orders) Act, 1965 in directing the employer to give termination benefit after setting aside the order of dismissal.