The High Court on Thursday scrapped a verdict of labour appellate tribunal that opined 106 sacked and retired employees of the Grameen Kalyan are entitled to get 5 per cent of the company's net profit.
The High Court bench of Justice Zafar Ahmed and Justice Khandaker Diliruzzaman delivered the verdict after hearing a rule, issued earlier, questioning the Labour Appellate Tribunal's award.
The 106 former employees of Grameen Kalyan owned by Nobel laureate Professor Dr Muhammad Yunus filed a case with the labour appellate tribunal under section 231 of the Labour Act to get the share of the company's net profit for the period of 2006 to 2012, from Workers Welfare Fund (WWF) and Workers Profit Participation Fund (WPPF).
The tribunal gave its decision on April 3 this year on their favor. Challenging the legality of the tribunal's decision Grameen Kalyan authorities filed a writ petition with the High Court.
Following the writ petition the HC on May 31 issued a rule questioning the legality of the tribunal's award and a status quo on the award for six months.
Then the 106 employees filed a petition with the Appellate Division against the HC order. The Chamber Judge of the Appellate Division on June 22 stayed the HC order and sent the matter to the regular Appellate Division bench.
The Appellate Division of the Supreme Court on July 10 ordered the High Court to dispose of the rule issued in this regard within two months. After final hearing on the rule the HC on Thursday declared the tribunal's award as illegal. dvocate A F Hassan Ariff, Barrister Adbullah Al Mamun and Barrister Khaja Tanvir Ahmed appeared in the court proceedings on behalf of the Grameen Kalyan, while Advocate Khurshid Alam Khan represented the 106 employees.
Later Mr Abdullah Al Mamun said, "According to Section 231 of the Labour Act, if any dispute arises between the employer and the worker regarding an agreement or award, there is an opportunity to seek redress directly to the Labour Appellate Tribunal for clarification.
Since there was no contract between the employer and the worker in this case, there was no opportunity for the employees to go to the Appellate Tribunal.
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