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Government of Bangladesh Vs. Md. Zillur Rahman, 2009, 38 CLC (AD)
.... not find any legal infirmity in the impugned judgment of the Administrative Appellate Tribunal. The Petition is dismissed. Ed. This Case is also Reported in: VI ADC (2010) 67. ......fe he retired from the service on 5.1.2002 as usual while he was serving in the Syedpur Railway Factory as SSAE/Flec:/ PNT/Syedpur Bangladesh Railway, Syedpur. The last monthly pay at the time of his retirement was Tk. 8400/-. The petitioner enjoyed LPR from 5.1.2001 to 4.1.2002. He applied to the a..Category: Employment/Service Law | Date: | Hits: 67
Category: Fiscal/Taxation Law | Date: | Hits: 95
National University and others Vs. Begum Sultana Razia, 2009, 38 CLC (AD)
....esent case and in accordance in the fact. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 190, VIII ADC (2011) 307.......well established that when a person's service is liable to be terminated or he is liable to be retired from service under any law or contract he has no cause to make a grievance if the termination or retirement is brought about in accordance with law or contract without causing any aspersion or stig..Category: Employment/Service Law | Date: | Hits: 118
Justice Syed Md. Dastagir Hossain and ors. Vs. Md. Idrisur Rahman and others, 2009, 38 CLC (AD)
....d guidelines.” The short order shall form part of the judgment. These petitions are accordingly disposed of. Ed. This Case is also Reported in: 29 BLD (AD) 2009, 79, VII ADC (2010) 721. ......e Constitution, is also likely to be jeopardised or affected by some of the other provisions in the Constitution. Mode of their appointment and removal, security of tenure particularly, fixed age for retirement and prohibition against employment in the service of the Republic after retirement or rem..Category: Constitutional Law | Date: | Hits: 251
Mir Sattaruddin and Others Vs. Palli Daridra Bimochon Foundation, 2008, 37 CLC (AD)
.... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ...... no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 278. ..Category: Employment/Service Law | Date: | Hits: 68
Secretary, BJMC Vs. Md. Abdur Rashid Miah and another, 2007, 36 CLC (AD)
....find any ground to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......lanation from the side of BJMC why the writ petitioner "shall not be made beneficiaries of a long standing practice in BJMC whereby officers of defunct mills who have not availed of voluntary retirement scheme of Golden Handshake schemes are transferred to other viable and operating units t..Category: Employment/Service Law | Date: | Hits: 61
GM, Postal Insurance, Eastern Region, Dhaka and another Vs. A.B.M. Abu Taher, 2009, 38 CLC (AD)
....he appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 97; 29 BLD (AD) (2009) 56; VI ADC (2009) 512;6 LG (AD) (2009) 201. ......fact that the respondent framed definite charges against the respondent for unauthorized absence without prior per mission of the concerned authority rendering the respondent liable for compulsory retirement and the respondent having been proved guilty for such unauthorized absence without prior..Category: Administrative Law | Date: | Hits: 159
M. M. Shahidur Rahman Vs. Bangladesh and others, 1994, 23 CLC (AD)
....appeals cannot succeed in any case. In the result, therefore, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 768. ......the Rules, he submitted. In this connection he cited two cases from the Indian Supreme Court. In Bishun Narain Vs. State of U.P. reported in AIR 1965 SC 1567, by one notification of 1957 the age of retirement of Government Servants was raised to 58 years but by a subsequent notification in 1961 ..Category: Employment/Service Law | Date: | Hits: 106
Md. Nazrul Islam & ors. Vs. Bangladesh, 2008, 37 CLC (AD)
....sion does not suffer from any legal infirmity. We find no merit in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 6 LG (AD) (2009) 141. ......ent) Act, 1974. 3. Under the provision of the said Act, the writ petitioners were entitled to continue in service till the completion of 57th year of age and then entitled to LPR and other retirement benefits. 4. Under the BCIC Board Memorandum No. BCIC/Board/BM/872(2002)/493 date..Category: Employment/Service Law | Date: | Hits: 64
Government of Bangladesh Vs. Md. Abdul Karim, 1995, 24 CLC (AD)
....e appeal is allowed without any order as to cost. The impugned judgment and order are set aside. Ed This Case is also Reported in: 1 MLR (AD) 1996, 310; 47 DLR (AD) (1995) 146; II ADC (2005) 610.......llant but the same was (allegedly) dismissed on 20.1.1991 whereupon the respondent filed the aforesaid case before the Administrative Tribunal on 10.2.1991 for setting aside the order of compulsory retirement and for a direction to reinstate him in service with all arrear salaries etc. 4. The a..Category: Administrative Law | Date: | Hits: 144
Chairman, B.R.T.C. Vs. Nooruddin & Ors., 1998, 27 CLC (AD)
....ree appeals are allowed without any order as to cost. The impugned judgments and orders of the High Court Division are set aside. Ed. This Case is also Reported in: II ADC (2005) 388. ......pondents in short is that they were the employees of the appellant, Bangladesh Road Transport Corporation, who by a circular dated 14.5.92 offered its officers/employees/workers voluntary retirement from service on payment of all dues and entitlements. The writ petitioners conveyed..Category: Employment/Service Law | Date: | Hits: 66
Mohammed Abdul Naim Vs. Chairman, Board of Directors, Sonali Bank, 1997, 26 CLC (AD)
....n the face of our decision and are also unable to take a differential view. The appeal is dismissed without any order as to cots. Ed. This Case is also Reported in: II ADC (2005) 369. ......in, has any application to the facts and circumstances of the case. In the cited case the Judicial Commissioner of Tripura while considering a writ petition challenging an order of compulsory retirement suo motu raised the objection that the Union of India having not been made a party, the ..Category: Administrative Law | Date: | Hits: 124
Md. Tozammel Hossain Vs. River Research Institute, 2008, 37 CLC (AD)
....present service. In view of the above, we find no substance in the submission of the learned Counsel for the petitioner. Ed. This Case is also Reported in: VI ADC (2009) 326. ......nd as such, his service was not governed by the service regulations of the respondent No.1 neither the said regulations are applicable on him as it was made/formulated 4(four) years after the retirement of the petitioner; that the petitioner though voluntarily opted for absorption in the se..Category: Employment/Service Law | Date: | Hits: 92
Pubali Bank Limited Vs. Chairman, First Labour Court, Dhaka and another, 2004, 33 CLC (AD)
....is directed to pay the respondent No.2 his back wages and the pension benefits. The appeal is dismissed with cost. Ed. This Case is also Reported in: II ADC (2005) 12. ......t of the respondent No. 2 and for payment of back wages. 13. It has been represented by the learned Counsel of the respondent No.2 that by the time the Respondent No.2 has attained the age of retirement as per rules of the appellate. In that state of the matter the appellant is directed to..Category: Labour and Industrial Law | Date: | Hits: 79
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......esting it to attorn the transferee and to pay rent and M/S Chandana Corporation continued to be a tenant under the new landlord as per terms and conditions of deed of agreement dated 28.04.1971. on retirement of Younus Chandana partnership firm M/S Chandana Corporation was reconstituted with def..Category: Property Law | Date: | Hits: 23
Government of Bangladesh Vs. Md. Anwarul Islam, 2002, 31 CLC (AD)
....late Tribunal as aforesaid as hereby deleted and the appeal is accordingly disposed of. No order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 390. ...... of the same by judgment dated 18.2.1995 dismissed the case on two counts, firstly that the case is time barred and secondly that no illegality has been committed in passing the order of compulsory retirement. 5. On being aggrieved by the order of dismissal of the case respondent pref..Category: Administrative Law | Date: | Hits: 103
Gazi Gaiasuddin Vs. Bangladesh Power Development Board and other, 2002, 31 CLC (AD)
.... under the signature of the respondent No.3 is declared to have been passed without lawful authority. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 103. ......nd not negligent by the enquiry officer in pursuing the policy of the authority as regard minimizing the system loss and that gearing up the recovery of revenue and as such the order of compulsory retirement was not sustainable in law. It was also contended that non-attaining of the target fixed..Category: Employment/Service Law | Date: | Hits: 69
Abdul Halim Bhuiyan & others Vs. Trading Corporation of Bangladesh, 2007, 36 CLC (AD)
....e facts and circumstances of the case, we are not inclined to review impugned judgment. Accordingly, the review petitions are dismissed. Ed. This Case is also Reported in: VI ADC (2009) 133. ......ds of the employees of TCB and made the recommendation accordingly on the basis of which impugned orders were passed. It was further stated that out of 306 employees 245 had already taken their retirement benefits. 4. We have heard Dr. Kamal Hossain with Abdur Rab Chowdhury, the learned C..Category: Employment/Service Law | Date: | Hits: 73
Bangladesh Water Development Board and others Vs. Md. Quamruzzaman, 2008, 37 CLC (AD)
....e is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 17 BLT (AD) (2009) 6. ...... other provisions of the Rules 1982 as this Chapter shall apply only to ail regular employees of the Board of Trustee in respect of Provident Fund, Gratuity or other benefits accruing to them after retirement or invalidation and inspite of having such provisions, the Deputy Secretary (Board), BW..Category: Employment/Service Law | Date: | Hits: 122
Government of Bangladesh and Others Vs. Md. Shamsul Huq, 2006, 35 CLC (AD)
....rganization and Conditions) Act 1975 and have the effect of law. Accordingly the writ petition is maintainable. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 177. ......y Attorney General relied for his submission regarding maintainability of the writ petition, the appellant of Civil Appeal No. 35 of 1987 contended that since he challenged the order of compulsory retirement on the ground of violation of fundamental rights guaranteed under Articles 27 and 29 of ..Category: Employment/Service Law | Date: | Hits: 104