Article

Topics: Employment, Termination of employment, Resignation Pages: 4 (1195 words) Published: June 27, 2013
22. Discharge from service: (1) A worker may be discharged from service for reasons of physical or mental incapacity or continued ill-health certified by a registered medical practitioner. (2) If a worker who has completed not less than one year of continuous service is so discharged, he shall be paid by the employer compensation at the rate of thirty days wages for every completed year of service, or gratuity, if any, whichever is higher.

[Karim Jute Mills Ltd vs Chairman, Second labour Court, Dhaka and another. 1997 BLD (AD) 208]: Held that the employer has rightly connected the nature of illness of the worker, the duration and relationship of the illness with the nature of job performed by him and has rightly come to a conclusion as to his further usefulness in service bonafide and such use of power by the employer can not be hedged with interpretive conditions which make the exercise of the power impossible. The order of discharge from service was passed legally and lawfully.

An employee even after availing 211 days leave out of 365 days of the year applied for another one month’s leave on identical medical ground , it can not be said that even then the employee should be treated by the employer as physically fit to serve the employer ; Mohsen Jute Mills Ltd vs Labour Court , Khulna (1999) 4 BLC (AD) 172

23. Punishment for conviction and misconduct: (1) Notwithstanding anything regarding lay-off, retrenchment, discharge and termination of service as provided elsewhere in this Act, a worker may be dismissed without prior notice or pay in lieu thereof if he is-

(a) convicted for any criminal offence; or
(b) he is found guilty of misconduct under section 24.

(2) Any worker found guilty of misconduct may, instead of being dismissed under sub-section (1), in consideration of any extenuating circumstances, be awarded any of the following punishments, namely:

24. Procedure for Punishment: (1) No order of punishment under section 23 shall be made...
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