Bangladesh
Biman Corporation Employees (Service) Regulations, 1979
Regulation
11A (2)
Defence
Service Officers (Appointment and Fixation of Seniority in Civil Post) Rules,
1983
Rules—5 and
7
Past service
in the defence services count towards seniority on appointment in civil post.
A
Biman employee is public servant within the meaning of section 2(d) of the
Public Servants (Retirement) Act, 1974. A defence Service officer appointed in
the service of the Biman Corporation falls within the category of public
servant to whom the Public Servants (Retirement) Act, 1974 is equally
applicable. When the seniority of defence officer on appointment in civil post
is determined by talking their past service as provided under rules 5 and 7 of
the Defence Services Officers (Appointment and Fixation of seniority in civil
post) Rules, 1983, the Public Servants (Retirement) Act, 1974 is perfectly
applicable to them on completion of 25 years of service as a whole.
In
the instant case the writ petitioners, who were employees of the Biman,
therefore, fall well within the meaning of a public servant as defined in
section 2(d) of the Act and it is only the Government who had the power to
retire them in exercise of the power under section 9(2) of the Act.
Bangladesh
Biman Corporation Vs Ltd. Col. (Rtd) Md. Zainul Abedin and ors, 20 BLD (AD) 230
Ref:
State of U.P. Vs. Hindustan Alluminam Corporation and others, AIR 1979 (SC)
1459 at 1468 (Para 41); Bangladesh Jute Research Institute Vs. Md. Ayub Ali and
another, C.P. No. 676 of 1996—Cited.
Regulation
No. 19(1) (a) Seniority of Employees
The
recruitment of the respondents and those included in the impugned seniority
list being one, the fact of their being included in the first batch for
training and thereby getting an appointment a few days before the next batch of
trainees, which is merely of fortuitous and accidental, is quite immaterial for
determining seniority, the entire period of training of the different batches
is to be treated as one training for the purpose of counting seniority as the
process of recruitment was one and the same.
The Managing
Director, Bangladesh Biman Corporation and ors. Vs Md. Reza Kama! And others, 1
7BLD (AD) 41.
Regulation—53
If
the intimation or request of resignation is silent as to the date or period of
resignation being effective, the Biman authority could consider such
resignation as of immediate effect upon surrender of pay in lieu of notice
period under the provisions of regulation 53(3). The submission of a letter
seeking permission to withdraw letter of resignation does not render the
resignation with immediate effect as non-existent or ineffective. The matter of
communication of the acceptance of resignation is a mere formality and routine
work, and a lapse of time in between the resignation and acceptance does not
keep the resignation in hibernation, which is intended to be immediately
effective.
If
a resignation is with immediate effect under regulation 53(3), arguments that
the employee could recall or rescind the resignation prior to acceptance and
communication of acceptance of the resignation, including arguments based on
section 21 of the General Clauses Act 1897, or the principles of estoppel, are
not applicable.
Bangladesh
Biman Corporation and others v. Md. Jasimuddin, 22 BLD (AD) 23.
Ref:
M. A. Mannan v. Biman Bangladesh Airlines 1989 BLD 516. AIR 1978 (SC) 694 Belal
Rahman v. P.J. Industries Ltd. 39 DLR239; Bangladesh Parjatan Corporation v.
Mofizur Rahman, 46 DLR (AD) 46—Cited.
Regulation—53(1)
It
is mandatory on the part of the employee of Bangladesh Biman to give a notice
as specified in the Regulation of 1979 to terminate his service. But in the
instant case the same has not been complied with and as such non compliance of
the mandatory provision of law the respondents acted illegally in accepting the
resignation letter.
Md.
Jashimuddin Vs Bangladesh Biman Corporation and others, 20 BLD (HCD) 230.
The
Service Regulations do not provide for service of a second show cause notice
upon an employee during departmental proceedings. In the present case, the
petitioner did not reply to the ex-gratia second show cause notice, and did not
prefer an appeal before the authority concerned nor in the plaint alleges that
he did not nor could not reply to the said notice for want of a copy of the
enquiry report. It was correctly held that non- supply of enquiry report did
not cause any prejudice to the petitioner.
Waliulhah
Pradhan v. Bangladesh Biman and another, 22BLD (AD) 102.
Ref:
Md. Torab Ali v. Bangladesh Textile Mills Corporation 41DLR13S, Mustafa Miah v.
Chairman, First Labour Court, 46 DLR 373.
Regulation—24(1)
Under
Regulation 24(1) an employee of the Corporation is liable to serve anywhere in
or outside Bangladesh and he may be transferred from one station to another.
Administrative Orders are conditioned by the provisions of the Regulations,
1979. According to Regulation 24(1) the petitioner is under legal obligation to
serve anywhere in or outside Bangladesh and by the impugned order of transfer
no infringement or violation of any of his fundamental right as contemplated
under PART-Ill of the Constitution has occurred.
K. M. Nurul
Islam Vs Secretary, Ministry of Civil Aviation and Tourism and others, 19 BLD
(HCD) 1
Bangladesh
Biman Employees (Pesion And Gratuity) Rules, 1988
Rules—3 and
4
Rule
3 of the aforesaid Rules provides that an employee of the Corporation shall not
retire from service before completing 57 years of age while Rule 4 provides
that an employee of the Corporation on completion of 25 years of his or her
service shall have the option for voluntary retirement.
The
cumulative effect of Rules 3 and 4 of the Bangladesh Biman Employees (Pension
and Gratuity) Rules. 1988 is that an employee of the Corporation irrespective
of sex has the right to remain in service till the completion of 57 years of
age.
Jonaba Dalia
Parveen Vs. Bangladesh Biman Corporation 16 BLD (HCD) 357.