MOZIBUL HUQ Vs. CHAIRMAN, 1ST LABOUR COURT

JUDGEMENT

(1.) The petitioner seeks leave to appeal against the judgment and order dated 7-3-1999 passed by a Division Bench of the High Court Division in Writ Petition No. 738 of 1999.

(2.) The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26-1-1987. An agreement between the Secretary Railway Division and Railway Sramik Karmachari was signed according to which no worker of Bangladesh Railway would be retrenched. It was further agreed that a worker with 5 years continuous service would be absorbed and regularised in service and be presumed as a permanent worker. But the petitioner was neither absorbed nor his service was regularised by the railway authority in spite of his letter to the respondents for regularisation and absorption. The petitioner, therefore, filed an application to the respondent No. 1, Chairman, 1st Labour Court, Chittagong which was registered as IRO Case No. 13 of 1996 under section 34 of the Industrial Relations Ordinance. Since he was not absorbed and his service was not regularised even after 10 years continuous service the IRO case was rejected on the ground of maintainability. The court held that the Administrative Tribunal is the proper forum for adjudicating the matter. Being aggrieved the petitioner filed the aforementioned writ petition which was also summarily rejected.

(3.) The petitioner's learned Advocate submits that the High Court Division erred in construing that the provisions of Industrial Relations Ordinance and the Government Servants (Discipline and Appeal) Rules, 1985 are not applicable. He further submits that the relief prayed for cannot be given by the Administrative Tribunal.