PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 15766 of 2016 with Civil Petition for Leave to Appeal No. 1280/17
Date of filing: 2016/12/11
Print


Petitioners

1. Md. Alomgir Hossain

2. Md. Ismail Hossain

3. Nowsher Mollik

4. Md. Sohel Rana

5. Khandakar Rafiqul Islam

6. Md. Ziaur Rahman

7. Ahtasamul Haq

8. Shohel Rana

9. Arafat Ali Sheikh

10. Md. Sabuz Sheikh

11. Md. Zakirul Islam

12. Kai Ahadur Rahman

Respondents

1. Bangladesh, represented by the Secretary, Ministry of Textile and Jute.

2. Bangladesh Jute Mills Corporation

3. Secretary, Bangladesh Jute Mills Corporation

4. Manager, Star Jute Mills Ltd.

5. Deputy General Manager, Cresent Jute Mills. Co. Ltd

6. Deputy General Mananger, Jessore Jute Industries Ltd.

7. Deputy General Manager, Platinum Jubilee Jute Mills Ltd.

8. Deputy General Manager, Eastern Jute Mills Ltd.

9. Manager, Carpeting Jute Mills Ltd. 

Facts

The petitioners along with some 600 worker/employees, were appointed variously as “badli” / “daily basis” / “adhoc basis” / “temporary” employees as Uper Division Assistant (U.D.A), Lower Division Assistant (L.D.A) cum Typist, Dresser, M.L.S.S, Driver,Cook, Night Guard, Gardener, office assistant. under different jute mills for a limited period. Susequently, being satisfied with their sincerity, honesty, integrity and competence, the duration of their appointment were extended from time to time as and when became necessary for the welfare of the owners of the jute mills. All on a sudden, a circular published in the ‘Daily Jugantor” on 22.07.16, inviting applications from candidates for appointment in different vacant posts of the workers/employees externally, without regularizing/absorbing the petitioner in such vacant permanent posts, which have been being held by them a badli/temporary/daily basis workers and employees for long periods. Such failure to absorb / regularize the temporary/badli/adhoc basis employee amounts to breach of constitutional duties and violation of fundamental rights guaranteed under Articles 27, 31 and 32 of the Constitution. Being aggrieved by this circular the petitioner filed this writ petition to stay the operation of the impugned circular and regularize the petitioner in their respective posts.

Rule/Order/Judgment
Date: 23/01/2017


Details

Hon’ble High Court Division of Supreme Court of Bangladesh issued a Rule Nisi calling upon the respondents to show cause as to why the circular dated 22.07.16 issued by the respondent No. 3 (Annexure 'C’) inviting applications for appointment in different vacant posts including those currently held by the petitioners without regularizing/absorbing the petitioners in such vacant permanent posts shall  not   be  declared  to   have  been  issued without lawful authority and of no legal effect and as to why respondent Nos. 3 -9 should not be directed to absorb the petitioners along with other badly/temporary/adhoc basis employees against the vacant permanent posts and also pleased to pass an interim order of stay the operation of the impugned circular dated 22.07.16 issued by the respondent No.3 (Annexure B-1') for one month.

Justices

Mr. Justice Md. Ashfaqul Islam

Mr. Justice Ashish Ranjan Das



Date: 20/03/2017


Details

The order of stay is extended for furhter 3 (three) months. 

Justices

Mr. Justice Md. Ashfaul Islam

Mr. Justice Ashish Ranjan Das



Date: 04/04/2017


Details

Secretary, Bangladesh Jute Mills Corporation (BJMC) filed Civil Petition for Leave to Appeal against the order dated 23.01.2017. 

Justices

Mr. Justice Surendra Kumar Sinha (cheif Justice)

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider



Date: 06/04/2017


Details

The Hon'ble Appellate Division disposing the appeal direct the BJMC to proceed with the recruitment process subject to the condition that if the writ petiitoners are found suitable to the posts, they should be accompanied on priority basis and that the new recruitment can be made after absorption of the existing employees. the rule issued by the High Court Division is also discharged with this direction. 

Justices

Mr. Justice Surendra Kumar Sinha (cheif Justice)

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider



Database Last Updated on:
Area of law
Equality,
Employment,
Life
Keywords
Jute Mill worker's Right, Regularization of Badli/Temporary Worker
Relevant statute

Constitution, Articles 27, 31 and 32; Labour Act 2006





Case Number: Writ Petition No. 15766 of 2016 with Civil Petition for Leave to Appeal No. 1280/17
Date of filing: 2016/12/11

Petitioners

1. Md. Alomgir Hossain

2. Md. Ismail Hossain

3. Nowsher Mollik

4. Md. Sohel Rana

5. Khandakar Rafiqul Islam

6. Md. Ziaur Rahman

7. Ahtasamul Haq

8. Shohel Rana

9. Arafat Ali Sheikh

10. Md. Sabuz Sheikh

11. Md. Zakirul Islam

12. Kai Ahadur Rahman

Respondents

1. Bangladesh, represented by the Secretary, Ministry of Textile and Jute.

2. Bangladesh Jute Mills Corporation

3. Secretary, Bangladesh Jute Mills Corporation

4. Manager, Star Jute Mills Ltd.

5. Deputy General Manager, Cresent Jute Mills. Co. Ltd

6. Deputy General Mananger, Jessore Jute Industries Ltd.

7. Deputy General Manager, Platinum Jubilee Jute Mills Ltd.

8. Deputy General Manager, Eastern Jute Mills Ltd.

9. Manager, Carpeting Jute Mills Ltd. 

Facts

The petitioners along with some 600 worker/employees, were appointed variously as “badli” / “daily basis” / “adhoc basis” / “temporary” employees as Uper Division Assistant (U.D.A), Lower Division Assistant (L.D.A) cum Typist, Dresser, M.L.S.S, Driver,Cook, Night Guard, Gardener, office assistant. under different jute mills for a limited period. Susequently, being satisfied with their sincerity, honesty, integrity and competence, the duration of their appointment were extended from time to time as and when became necessary for the welfare of the owners of the jute mills. All on a sudden, a circular published in the ‘Daily Jugantor” on 22.07.16, inviting applications from candidates for appointment in different vacant posts of the workers/employees externally, without regularizing/absorbing the petitioner in such vacant permanent posts, which have been being held by them a badli/temporary/daily basis workers and employees for long periods. Such failure to absorb / regularize the temporary/badli/adhoc basis employee amounts to breach of constitutional duties and violation of fundamental rights guaranteed under Articles 27, 31 and 32 of the Constitution. Being aggrieved by this circular the petitioner filed this writ petition to stay the operation of the impugned circular and regularize the petitioner in their respective posts.


Rule/Order/Judgment
Date: 23/01/2017:
Details

Hon’ble High Court Division of Supreme Court of Bangladesh issued a Rule Nisi calling upon the respondents to show cause as to why the circular dated 22.07.16 issued by the respondent No. 3 (Annexure 'C’) inviting applications for appointment in different vacant posts including those currently held by the petitioners without regularizing/absorbing the petitioners in such vacant permanent posts shall  not   be  declared  to   have  been  issued without lawful authority and of no legal effect and as to why respondent Nos. 3 -9 should not be directed to absorb the petitioners along with other badly/temporary/adhoc basis employees against the vacant permanent posts and also pleased to pass an interim order of stay the operation of the impugned circular dated 22.07.16 issued by the respondent No.3 (Annexure B-1') for one month.

Justices

Mr. Justice Md. Ashfaqul Islam

Mr. Justice Ashish Ranjan Das


Date: 20/03/2017:
Details

The order of stay is extended for furhter 3 (three) months. 

Justices

Mr. Justice Md. Ashfaul Islam

Mr. Justice Ashish Ranjan Das


Date: 04/04/2017:
Details

Secretary, Bangladesh Jute Mills Corporation (BJMC) filed Civil Petition for Leave to Appeal against the order dated 23.01.2017. 

Justices

Mr. Justice Surendra Kumar Sinha (cheif Justice)

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider


Date: 06/04/2017:
Details

The Hon'ble Appellate Division disposing the appeal direct the BJMC to proceed with the recruitment process subject to the condition that if the writ petiitoners are found suitable to the posts, they should be accompanied on priority basis and that the new recruitment can be made after absorption of the existing employees. the rule issued by the High Court Division is also discharged with this direction. 

Justices

Mr. Justice Surendra Kumar Sinha (cheif Justice)

Mr. Justice Syed Mahmud Hossain

Mr. Justice Hasan Foez Siddique

Mr. Justice Mirza Hussain Haider



Reference

Area of law
Equality,  Employment,  Life

Keywords
Jute Mill worker's Right, Regularization of Badli/Temporary Worker

Relevant statute

Constitution, Articles 27, 31 and 32; Labour Act 2006


Related Proceedings
Database Last Updated on: