Rupali Bank (Employees) Service Regulations, 1981


Rupali Bank
(Employees) Service Regulations, 1981

Regulations 13(2) & 28—

objective to get rid of unwanted employees without taking recourse to procedure
of disciplinary action is likely to be frustrated if termination is made
dependent on actual receipt of notice pay.

Rupali Bank
and another vs Md Solaiman and others 49 DLR 526.


Regulation 16—

Duty to pay
pensions to a person who has worked for the stipulated period of time remains
an undercharged contractual obligation—Where the employee retires or is
terminated there must exist provision for payment of pension, describing the
mode and timing of payment of pension to terminated employees, else courts will
imply terms to that effect.

MA Jalil vs
Rupali Bank Ltd & others 54 DLR 566.


Rupali Bank Employees Service Regulations, 1981


Rupali Bank
Employees Service Regulations, 1981



Services Rules 1983, Rule—342(2)

is not an ex-gratia payment. Pension is earned by an employee during the period
he works and is part of the consideration of the contract of employment, though
the same is payable after his employment comes to an end. The Bank’s service
regulations adopted the Bangladesh Service Rules for payment relating to
pensions for its permanent employees, but the Bangladesh Service Rules have no
provision for payment of pension to terminated officers as there is no law to
terminate the services of a Government servants. But as Rule 342(2) of the said
Rules caters for a situation similar to termination simpliciter by providing
for retiring pension to an officer who is required by the Government to retire
after completing twenty-five years service, without giving any reason, a term
is implied into the Bank’s Service Regulations that Rule 342(2) shall apply to
employees terminated without assignment of reason.

M. A. Jalil
v. Rupali Bank Ltd. and others, 22 BLD (HCD) 264.

Azizur Rahman v. Burmah Oil Company 13DLR458, Sarat Chand v. Sreemuthy Mohun
Bibi (1898) 2 CWN 201; Riding v. Hawking (1889) 14PD56; Mihir Datta v. Anadi
Lal Kukherjee AIR 1980 Cal 339; Bangladesh Bank v. Mohammad Abdul Mannan 46
DLR(AD)1; Rookes Case 1598 5 CoRep 998; The Moorcock (1889) 14PD64; Reigate v.
Union Manufacturing Co. (1918) 1 KB 592; Shirlaw v. Southern Foundries Ltd.
(1939)2 All ER 113; Trollope and Coils Ltd. v. North West Metropolitan Regional
Hospital Board (1973) 2 All ER 260; Greaves & Co. (Contractors) Ltd. v.
Baynham Meikie and Partners (1975) 3 All ER 99; Bansi Ram v. Narsingha Santra
IC 805; Municipal Council Salem v. B. Gururaja Rao (1935) AIR Mad 249.