BANGLADESH BIMAN EMPLOYEES (SENIORITY OF FREEDOM FIGHTERS) RULES, 1980

 

BANGLADESH BIMAN EMPLOYEES (SENIORITY OF
FREEDOM FIGHTERS) RULES, 1980

 

Rules—2, 3
and 4

When
the legislature in Parent legislation did not ‘signify any intention to
classify the employees of Biman into freedom fighters and non-freedom fighters,
such classification could not be done by the Government in its Rule making
power while exercising the delegated authority under the parent, legislation,
since that would amount to acting beyond the purposes of the legislation
itself—Rule conferring two years ante dated seniority to freedom fighter
employees of Biman is ultra vires rule making power under the Ordinance—
Bangladesh Biman Corporation Ordinance (XIX of 1977), sections. 7, 14 and
31(2)(d).

Aminul Islam
and ors. Vs. Bangladesh Biman Corporation and ors. 2 BLD (HCD) 1.

 

Rule—4

Power
to alter terms and conditions of service does not and cannot imply the power to
make fresh classification of employees which was not contemplated in the parent
legislation—Bangladesh B iman Corporation Ordinance (XIX of 1977), Section.32
(2)(d).

Aminul Islam
and ors. Vs. Bangladesh Biman Corporation and ors. 2 BLD (HCD) 1.

 

Rule—4

Fundamental
right tç equality—Classification of freedom fighters and non-freedom fighters
is unreasonable and conferment of two years ante dated seniority to freedom
fighters is grossly discriminatory and violative of Article 27 of the
Constitution- Constitution of Bangladesh, 1972, Article 27.

Aminul Islam
and ors. Vs. Bangladesh Biman corporation and ors. 2 BLD (HCD) 1.

Bangladesh
Biman Employees (Seniority of Freedom Fighters) Rules, 1980 remedied an
anomalous situation—classification of freedom fighter employees and non—freedom
fighter employees is reasonable—Rules have laid down reasonable guidelines for
selection or identification of freedom fighters so that certain benefits may be
extended uniformly, without picking and choosing, to all employees of the
Corporation who come within rule 3—Rule 4 of Bangladesh Biman Employees
Seniority of Freedom Fighters) Rules not violative of Article 27 of the
Constitution.

Aminul Islam
and others Vs. Bangladesh Biman Corporation and other. 2 BLD (HCD) 1.

Ref.
1 BLD493; 33DLR (AD) 50; (1957) AC. 436.