Bangladesh Biman Corporation Employees (Service) Regulation, 1979

Citation: 1 LNJ 57

Case Year: 1979

Subject: Service Rules

Delivery Date: 2018-04-02

Bangladesh Biman Corporation Employees (Service) Regulation, 1979

Regulation No. 11 (3)

It is duty of the legislature to legislate such law which are not oppressive, unjust and one sided and discriminatory. The discrimination between person similarly situated and possibility of such discrimination makes a legislation ultravires in view of Article 27 and 28 of the Constitution. Here the impugned provision has made discrimination between the male and female cabin crews and in between the female cabin crews as well. This discrimination has been made between female cabin crews having two surviving children and female cabin crews having two surviving children and thereafter upon her becoming pregnant for third child. But provision of stand termination due to pregnancy for third child is a practice derogatory to women. The pregnancy disability, exclusion amounted to down grade in the women whole in the labour force. By making pregnancy bar third time to be the continue in service of female cabin crew, the Biman Bangladesh Airlines seems to have made a clear discrimination in between the female cabin crews having two surviving children and cabin crews having two children and her becoming pregnant for third time which is undoubtedly arbitrary, unreasonable and utter selfishness at the cause of all human values. The provision of Regulation No. 11(3) of Bangladesh Biman Corporation Emplo-yees (Service) Regulations, 1979 is discriminatory and inconsistent with the provisions of Article 28 of the Constitution.  Marzia Tauhida Rahman and others Vs. Managing Director and CEO, Biman (Spl. Original) 1 LNJ 57.