LEGAL OPINION

Mr. Z

Address….

Dear Sir,

RE:     LEGAL OPINION

We refer to your letter dated 24.04.2004 and the subsequent conversation over telephone that one of our Associates had with you on the above subject.

We have perused the contents of your letter. It appears that Inspector of Shops and Establishment Directorate has issued few letters to Jamuna Bank Limited to furnish them with different information, registrar books and records under different Acts. The Inspector has asked to furnish several registrars, statement, record under the Shops and Establishment Act, 1965, Employment of Labour (Standing Order) Act, 1965 and Employment (Record of Services) Act, 1951 and under the relevant Rules. You have sought our opinion as to whether Jamuna Bank comes under the purview of these Acts.

Our opinion

Section 1(3) of the Employment of Labour (Standing Order) Act, 1965 states as follows:

“It shall apply at once to every establishment in the areas in which the East Bengal Shops and Establishment Act, 1951 (Act 1 of 1952) was in force immediately before the commencement of this Act.”

Section 1(4) of the Employment of Labour (Standing Order) Act, 1965 states:

“It shall apply at once to every establishment in all other areas of Bangladesh in which five or more workers are employed, or were employed on any day of the preceding twelve months. ”

According to sub-section (4) of section 1 of the East Bengal Shops and Establishment Act, 1951 the Act was applicable in the first instance to the Municipalities of Dhaka, ……………….. as constituted under the Bengal Municipal Act, 1932.

We have been informed by you over telephone that you have only ‘casual workers’ in Jamuna Bank. You have contended on that ground that you are not within purview of these Acts.

However, ‘casual workers’ are also workers as defined in the Section 1(3) of the Employment of Labour (Standing Order) Act, 1965.

Pursuant to the above, we are of the opinion that Jamuna Bank comes under the purview of these Acts and Jamuna Bank is required to supply the information, statement, register and books to the Inspector of Shops and Establishment Directorate.

Should you have any further query, do not hesitate to contact us.

Thanking you.

Yours faithfully,

………………….

For: “The Lawyers & Jurists”

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.