Bangladesh Biman Corporation

 

 

Bangladesh Biman Corporation Employees (Pension and Gratuity) Rules, 1988

 

Rule 4 –

Since the petitioner's application for voluntary retirement was refused in an arbitrary manner the authority is bound to accept the same and pass orders allowing him voluntary retirement as permitted under Rule 4. Since no allegation could be produced before us or since no proceeding has been started in order to inquire into the alleged allegation, we are of the view that the present petitioner filed the application for voluntary retirement in accordance with the provision of Rule 4 of the aforesaid Rules and the authority shall be bound to accept the same and pass an order allowing voluntary retirement of the petitioner.

M Rashiduzzaman vs Government of Bangladesh and others 49 DLR 43.

 

Bangladesh Biman Corporation Employees (Service) Regulations, 1919

 

Sub-Regulations (1), (2) and (3) –

Perma­nent employee – Resignation with immediate effect-Competent Authority-Whether they are to accept or reject such resignation-Employees' liability-Surrender of pay in lieu of notice period. When a permanent employee resigns with immediate effect, as the petitioner has done Competent Authority is neither required to accept or reject the resignation. Under sub-regulation (3 ), the employee in that case fails to give the required notice in accordance with sub-regulation (1) or sub-regulation (2). The employee's only liability is to surrender pay in lieu of notice period.

MA Mannan vs Biman Bangladesh Airlines 41 DLR 318.

Regulation 11 –

The age limit of the petitioner to remain in service cannot be reduced or curtailed specially when such right of an employee is accrued under the law when he was appointed.

Dalia Parveen vs Bangladesh Biman Corporation and another 48 DLR 132.

Regulation 11A(2) –

An employee can be retired from service by the Corporation in exercise of power under Rule 5 as well as Regulation I IA(2) and it is not correct to say that Rule 5 does not entitle the Corporation to retire its employee from service.

Bangladesh Biman Corporation and others vs Md Yousuf Haroon and others 54 DLR (AD) 161.

Regulation 15-

The position in law being that the Corporation is required to maintain separate list of seniority in view of the provision of Regulation 15 of the Regulations, the High Court Division was in error in holding that the respondent Nos. I and 2 were entitled to be promoted to Pay Group V to the post of Junior Officers Maintenance on the basis of combined seniority list.

Bangladesh Biman Corporation and others vs Md Tipu Sultan and others 53 DLR (AD) 31.

Regulation No. 53-

A "notice of resignation" under Regulation 53 is not a resignation with immediate effect. It is a notice giving a stated time after which resignation takes effect.

Regulation 53 as a whole, it appears that when a permanent employee of the Corporation serves a notice of resignation, one month's, two months' or three months', as the case may be, the competent, Authority may accept or reject the resignation or accept it with immediate effect or from any date after or prior to the expiry of the notice period with payment of the salary for the unexpired portion of the notice period. A "notice of resignation" under Regulation 53 is not a resignation with immediate effect, it is a notice giving a stated time after which the resignation takes effect. The Corporation has been allowed several options to exercise during the notice period.

MA Mannan vs Biman Bangladesh Airlines 41 DLR 318.

Regulations 55 and 56-

Enquiry report of the enquiry officer having not been furnished along with the second show cause notice to the petitioner and his previous record of service having not been taken into consideration before awarding the punishment of dismissal from service, the punishment is illegal.

Mostafa Miah vs Chairman, First Labour Court 46 DLR 373.

 

Bangladesh Biman Corporation Ordinance [XIX of 1977]

 

Section 8 –

The authority of the Biman Corporation having been exercised by the competent authority under its delegated power there is no infirmity, in the matter of issuance of the impugned Organisation Order.

Sekandar (Md) and others vs Bangladesh Biman Corporation and others 51 DLR 98.

 

Section 8(2)—

In the absence of specific provision in the statute or the Regulation the Corporation is competent to issue administrative order to regulate the business in the interest of the Corporation.

Sekandar (Md) vs Bangladesh Biman Corporation and others 51 DLR 98.

Section 14 –

Regulations 19(a) and 19 framed under the Ordinance-Two sets of employees (1) Previous employees (2) Employees recruited afterwards.

Bangladesh Biman vs Aftab Ali 39 DLR (AD) 151.

Section 14 –

Service structure of the Corporation employees framed under the present Act i.e. the Ordinance-Provisions of Regulations 19(a) and 19 must be construed with reference to Articles 14 and 3 l(d) of the Ordinance, which by these terms created the demarcation between the two groups of employees.

Section 14 of the Ordinance is an enabling provision giving the Corporation authority to appoint its employees-The Ordinance did not intend two classes of employees. ·

The Regulations made under the Ordinance are prospective in operation-The respondents having been appointed earlier than the Regulations cannot be brought into the class of "new entrants."-"New entrants" mean only those employees who were appointed after the Regulations came into force-The Regulation of 1979 does not operate retrospectively.

Bangladesh Biman vs Aftab Ali 39 DLR (AD) 151.

Section 14-

Bangladesh Biman, the employer of the petitioners, is a statutory corporation and the contract of employment between the petitioners and the corporation cannot be said to be private contract between two individuals.

Rabia Bashri Irene and another vs Bangladesh Biman Corporation and another (Spl Original) 52 DLR 308.

Section 29-

Corporation empowered to make rules-Provisions ultra vires the Ordinance liable to be struck down.

Bangladesh Biman vs AftabAli 39 DLR (AD) 151.

Section 31(d) –

All the existing employees of the Corporation shall stand transferred and be deemed to have been appointed by the Corporation.

Bangladesh Biman vs Aftab Ali 39 DLR (AD) 151.

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