MANAGER, SATGAON RUBBER BAGAN Vs. CHAIRMAN, LABOUR COURT

JUDGEMENT

(1.) These petitions for leave to appeal Nos.1203-1205 of 2005 are directed against the judgment and order dated 04.04.2005 passed by the High Court Division in Writ Petition Nos. 2350, 3748 and 3707 of 2002 (analogously heard) affirming the judgment and order dated 28.10.2001 passed in I.R.O. Case No. 04 of 2000 as contained in Annexure-A in Writ Petition No. 2350 of 2002 passed by the Second Labour Court Chittagong under Section 34 of Industrial Relations Ordinance, 1969.

(2.) All the three leave petitions arose out of the same judgment; these were heard analogously and are being disposed of under this judgment.

(3.) The facts leading to the leave petitions are that all the respondents in three writ petitions as first parties filed IRO Case No. 4 of 2000, IRO Case No.1 of 2001 and IRO Case No. 45 of 2001 under Section 34 of the Industrial Relations Ordinance, 1969 against the petitioners as second parties in the Second Labour Court, Chittagong stating, inter alia, that they were appointed as "tappers" under the second parties. There was a condition to the appointment letter that the tappers would undergo three months training and after successful completion of three months training, they would be required to undergo further six months training. After completion of the aforementioned training the first parties were posted in different garden as tappers. The first parties served continuously for more than six months and as such, they became permanent tappers automatically by operation of law. The second parties were not treating the first parties as permanent and they were not giving the first parties the trade and scale they were entitled to and were depriving them of their legitimate scale of pay and fringe benefits.