1971 PLP 494 (PLC(CS))
ABDUR RAHMAN Versus MESSRS ORIENT MOTORS, DACCA
| Citation | 1971 PLP 494 (PLC(CS)) |
| Forum / Court | East Pakistan Labour Court |
| Bench Members | Md. Nurul Islam Khan, Chairman and S. A. Haleem, Member |
| Parties | ABDUR RAHMAN Versus MESSRS ORIENT MOTORS, DACCA |
| Primary Law | East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965) |
Q1: What are the key laws and sections cited in 1971 PLP 494 (PLC(CS))?
This judgment primarily cites: East Pakistan Employment of Labour (Standing Orders) Act (VIII of 1965) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1971 PLP 494 (PLC(CS))?
The case was heard and decided by the East Pakistan Labour Court bench comprising: Md. Nurul Islam Khan, Chairman and S. A. Haleem, Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1971 PLP 494 (PLC(CS)) (ABDUR RAHMAN Versus MESSRS ORIENT MOTORS, DACCA). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 25(1)(b)‑Worker continuously working under same Management in different shops established at different times by same Management‑Total period of service, in circumstances, should count to determine permanent character of service of such worker‑Such worker after 10 years' service, on termination of service, held, entitled to full termination benefits.
Judgment & Decree
Both the points would be taken up together for the sake of convenience. The first party was examined and cross‑examined. It appears that he entered into the service of Nagi family as early as 1959, first in Aziz Motors and later in Nagi Motors‑both located at 9, Wiseghat, Dacca where the Nagi family started a style of their own by setting up firms in different names. They first started Aziz Motors which is still there. Then they started Nagi Motors in the same premises under the same Management. The father and the two sons are recognized proprietors and Managers of these firms and to an illiterate mechanic like the first party they appeared to be 'Maliks' without any discrimination as they changed the manner and pattern of the ownership. Later the youngest son Mr. A. Wadud Nagi has started a new motors at Grean Road where the first party wag transferred. At the grumbling he was granted an increment if Rs. 50'
00. There was no break in his service and he used to be paid by the same Mr. Ahmed Nagi as before. So it appears that the first party all along had been working under the same Management though they used to set up different shops at different times according to their sweet‑will. For all these evidence and reasons it appears that the first party had been working under the same Management anti ownership. He has put in 10 years' service: But the service of the first party were terminated without payment of any termination benefits which he is entitled to according to law. So he must be given the termination benefits. The application is, therefore, allowed on contest and it is ordered that the first party be given full termination benefits as follows: Rs. (i) 90 days' notice pay at the rate of Rs. 250 00 per month. 750'00 (ii) Compensation for 10 years at the rate of 14 days' wages for every completed year of service or for any part thereof in excess of six months at the rate of Rs. 205.00 per month. 956.66 Total 1,706 66 The second party is directed to deposit the amount in Court to the credit of the first party within thirty days from the date of passing this order. I have taken into consideration the written opinion of the Member concerned while giving my above decision.