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.
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.
For: “The Lawyers & Jurists”