STAR JUTE MILLS LTD. Vs. CHAIRMAN, LABOUR COURT

JUDGEMENT

(1.) This appeal by leave by the Second Party Star Jute Mills Ltd. Calls in question the judgment and order dated 29.4.1998 passed by the High Court Division discharging the rule in Writ Petition No. 2016 of 1993 affirming those dated 23.10.1993 passed by the Chairman Labour Court, Khulna in Complaint Case No. 55 of 1992.

(2.) One Golam Mostafa (respondent No. 2 herein) filed Complaint Case No. 55 of 1992 under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 hereinafter to be called the said Act before the Chairman, Labour Court, Khulna contending that he was appointed as a worker in the mills in 1975 and his service record was clean, that while he was working in the mills he was involved in a Criminal Case under section 302/201/34 of the Penal Code giving rise to Sessions Case No. 88 of 1990 and the Sessions Judge, Khulna by judgment and order dated 15.1.1992 convicted him under section 201/34 of the Penal Code and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Tk. 200/-, in default, to suffer rigorous imprisonment for two months more. Thereafter, the mills authority suspended him by letter dated 30.1.1992. In the meantime the respondent No. 2 preferred an appeal before the High Court Division against his conviction and sentence and obtained bail. Thereafter, he prayed for joining his duties through letter dated 17.2.1992 but the mills authority dismissed him from service by order dated 4.5.1992 on ground of his conviction.

(3.) Before dismissal no show cause notice was issued and no personal hearing was given to respondent No. 2 and that being so the order of dismissal dated 4.1.1993 was sought to be declared as being without jurisdiction and illegal.