Retrenching employees
SC clears way for trial against GP
FE REPORT | Wednesday, 9 August 2023
The Appellate Division of the Supreme Court (SC) has cleared the way for the labour court concerned to continue proceedings of the 22 cases, filed against Grameenphone Limited (GP) by its 22 former employees - who were retrenched from their job.
The apex court has dismissed several petitions filed by GP, one of the country's top telecommunication service providers, against a High Court (HC) order that in 2019 discharged a writ petition - filed challenging legality of the cases running in the labour court.
A three-member bench of the Appellate Division, headed by Chief Justice Hasan Foez Siddique, passed the order on August 6, after hearing the GP's petitions.
Barrister Tapas Kanti Baul, a counsel for the GP's retrenched employees, said, "Grameenphone illegally terminated the employees in 2012 due to formation and organising GP Employees Union (GPEU). Then 22 employees filed 22 cases with the Labour Court-1 in Dhaka."
"On the other hand, the mobile company filed a petition with the labour court, seeking discharge of the cases filed by its former employees. However, the labour court rejected the GP's petition."
The GP authorities filed a writ petition with the HC in 2015, challenging legality of the cases in the labour court. After hearing, the HC in 2019 rejected the rule - issued following the writ petition.
The mobile operator then moved to the apex court. After hearing the GP's petitions, the apex court rejected those on August 6.
Tapas Kanti Baul said now there is no bar to continue trial proceedings of the cases, filed with the labour court by the retrenched employees.
Meanwhile, GP Spokesperson Hossain Sadat said he cannot comment on the verdict before getting a certified copy of judgment.
"We have not yet received a certified copy of the judgment. So, we are unable to make any comment on this matter," he added.
However, GPEU acting president Fazlul Haque said, "We've won our case."
"We will proceed with the case in the Labour Court after receiving a copy of the judgment," he added.
GPEU was formed on 14 June 2012, and it applied to the Director of Labour on 23 July 2012 for registration.
On 24 July 2012, the GP management terminated around 200 union members, including seven union leaders, to stop the employees' movement.
According to GPEU, the company later offered a package to the terminated union members - to sign resignation letter and exit. Everyone, except three people, took the benefit.
Later, 24 GP employees, including the 19 who resigned and took benefits, filed cases in 2012.
Three union leaders did not accept GP's package and challenged the termination in the court.
GP submitted their written statements and discharge application in the same court on 21 April 2013 for all individual cases.
"The HC verdict has set a precedent for establishing workers' rights," said Ghulam Mahmud Sohag, president of Banglalink Employees Union.
"We believe that every worker in the private sector is protected according to the country's labour laws."
"This judgment will pave the way for (ensuring) justice for all the workers, illegally terminated by GP," he noted.
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