World Bank loses decade-long legal battle
Monday, 7 June 2010
A Z M Anas
A Dhaka court has ordered the World Bank (WB) to reinstate one of its public relations staffer, in a ruling lawyers say could bring an end to the global lender's perceived immunity.
District sessions judge Syed Mashfiqul Islam said in a ruling that the Washington-based agency has illegally and illegitimately terminated the services of Ismet Zerin Khan, its Dhaka office external affairs officer, in 2001.
Lawyers hailed the 16-page verdict as a "milestone" in the history of the country's judiciary, saying the ruling will bring the anti-poverty lender within the ambit of the country's legal system.
No bank official was immediately available for comments and it was not known whether the bank would appeal the verdict in higher court. A bank spokesperson couldn't be reached by phone despite repeated attempts.
"I think the verdict has ended World Bank's immunity in the country," said advocate Nurul Alam.
Advocate Alam who filed the case on behalf of Zerin said the 10,000-plus staff strong multilateral institution, established immediately after the World War II, should comply with the court verdict, reinstating the victim and paying arrears and benefits.
In its judgment, the court said: "The instant suit be decreed against the defendant (World Bank) on contest" and that "the termination was illegal, mala fide, arbitrary and that the Plaintiff is entitled to be reinstated in her post and get all arrear salaries and benefits."
Mr. Alam said the ruling proved that the global financial institution which has been operating in the country since 1972 "is not above the national laws and legal actions, if necessary, may be brought against it".
Zerin said that it also vindicated the right of an individual against injustice inflicted through the "arbitrary and vindictive actions of the World Bank".
The court noted, "the World Bank as an employer doesn't enjoy unfettered power regarding any suspension or dismissal of its employee and must follow rules contained in the Staff Manual of the bank."
The 185-member organisation is one of the largest employers in the world-more than 12,000 consultants are on its payroll in addition to its regular staff.
A Dhaka court has ordered the World Bank (WB) to reinstate one of its public relations staffer, in a ruling lawyers say could bring an end to the global lender's perceived immunity.
District sessions judge Syed Mashfiqul Islam said in a ruling that the Washington-based agency has illegally and illegitimately terminated the services of Ismet Zerin Khan, its Dhaka office external affairs officer, in 2001.
Lawyers hailed the 16-page verdict as a "milestone" in the history of the country's judiciary, saying the ruling will bring the anti-poverty lender within the ambit of the country's legal system.
No bank official was immediately available for comments and it was not known whether the bank would appeal the verdict in higher court. A bank spokesperson couldn't be reached by phone despite repeated attempts.
"I think the verdict has ended World Bank's immunity in the country," said advocate Nurul Alam.
Advocate Alam who filed the case on behalf of Zerin said the 10,000-plus staff strong multilateral institution, established immediately after the World War II, should comply with the court verdict, reinstating the victim and paying arrears and benefits.
In its judgment, the court said: "The instant suit be decreed against the defendant (World Bank) on contest" and that "the termination was illegal, mala fide, arbitrary and that the Plaintiff is entitled to be reinstated in her post and get all arrear salaries and benefits."
Mr. Alam said the ruling proved that the global financial institution which has been operating in the country since 1972 "is not above the national laws and legal actions, if necessary, may be brought against it".
Zerin said that it also vindicated the right of an individual against injustice inflicted through the "arbitrary and vindictive actions of the World Bank".
The court noted, "the World Bank as an employer doesn't enjoy unfettered power regarding any suspension or dismissal of its employee and must follow rules contained in the Staff Manual of the bank."
The 185-member organisation is one of the largest employers in the world-more than 12,000 consultants are on its payroll in addition to its regular staff.