MD. ILYAS KHAN Vs. CHAIRMAN, LABOR COURT

JUDGEMENT

(1.) In this Rule, the petitioner challenges the validity of the Judgment and order passed by the Third Labour Court, Khulna, in Complaint Case No. 101 of 1970 and prays for a declaration that the same is without jurisdiction, void and of no legal effect.

(2.) The facts giving rise to this petition may be stated briefly hereunder:

(3.) On receipt of this letter the respondent No.2 represented his grievances before the petitioner and prayed for being re-instated. The representation having been rejected, the respondent No.2 filed an application under section 25 of the East Pakistan Employment of Labour (Standing Orders) Act before the Third Labour Court of East Pakistan, Khulna. The respondent No.2 alleged therein that the order of termination was passed to victimise him for his trade union activities and also to harass him, as he was actively associated in promoting the interest of the workers of his Union. He further pointed out that he was Assistant Secretary of the Daulatpur Jute Press and Baling Workers' Union. In the Absence of the General Secretary of this Union, he performed the functions of the General Secretary and took all steps in the trial of Labour Dispute Case No 87 of 1968 between that union and Messrs Khan Brothers Ltd. A new Union was also formed which was known as Khan Brothers Jute Press Workers' Union and the respondent No 2 was elected the General Secretary of this Union. He contended that the second party petitioner being annoyed with his activities suddenly terminated his services by the aforesaid order dated 9.5.70 to victimise him for his trade union activities and, as such, he filed the complaint case being Complaint Case No. 101 of 1970 before the Labour Court challenging the legality of this termination order.