PUBLIC INTEREST LITIGATION (PIL)

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Case Number: Writ Petition No. 1256 of 2006
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Case Number: Writ Petition No. 1256 of 2006

Date of filing: 2006/02/16

Petitioners

  1. Bangladesh  Legal Aid and Services Trust (BLAST)
  2. Bangladesh Federation of Workers Solidarity

Respondents

  1. Secretary, Ministry of Labour and Employment
  2. Secretary, Ministry of Law Justice and Parliamentary Affairs
  3. Director of Labour
  4. Chief Inspector of Factories  and Establishment

Facts

The respondents failed to give overtime allowance either according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 or a letter issued by Chief Inspector of Factories and Establishment which states that overtime allowance shall be calculated on the basis of twice the basic wages which has been provided as an interpretation of the law.                

Rule/Order/Judgment

Date: 26/02/2006

Details

A Rule Nisi was issued upon the Respondents to show cause as to why the inaction of the respondents in not giving overtime allowance according to section 58 of the Factories Act 1965 read with Rules 70 of the Factories Rule 1979 should not be declared to be without lawful authority and of no legal effect, and the letter issued by respondent no 4 stipulating overtime allowance to be calculated at twice the basic wages should not be declared to have been issued without lawful authority and of no legal effect and/ or pass such other further order or orders as to the court may seem fit and proper.

Justices

Mr. Justice Nazrul Islam Chowdhury

Mr. Justice Md. Rezaul Haque

Area of law

Equality,
Employment,
Women’s Rights

Keywords

Overtime Allowance

Relevant statute

Constitution; Factories Act, 1965;

Factories Rules 1979

Database Last Updated on: 2017-02-12 15:26:45