PUBLIC INTEREST LITIGATION (PIL)

The petitioners along with some 600 worker/employees, were appointed variously as “badli” / “daily basis” / “adhoc basis” / “temporary” employees as Uper Division Assistant (U.D.A), Lower Division Assistant (L.D.A) cum Typist, Dresser, M.L.S.S, Driver,Cook, Night Guard, Gardener, office assistant. under different jute mills for a limited period. Susequently, being satisfied with their sincerity, honesty, integrity and competence, the duration of their appointment were extended from time to time as and when became necessary for the welfare of the owners of the jute mills. All on a sudden, a circular published in the ‘Daily Jugantor” on 22.07.16, inviting applications from candidates for appointment in different vacant posts of the workers/employees externally, without regularizing/absorbing the petitioner in such vacant permanent posts, which have been being held by them a badli/temporary/daily basis workers and employees for long periods. Such failure to absorb / regularize the temporary/badli/adhoc basis employee amounts to breach of constitutional duties and violation of fundamental rights guaranteed under Articles 27, 31 and 32 of the Constitution. Being aggrieved by this circular the petitioner filed this writ petition to stay the operation of the impugned circular and regularize the petitioner in their respective posts.

Hon’ble High Court Division of Supreme Court of Bangladesh issued a Rule Nisi calling upon the respondents to show cause as to why the circular dated 22.07.16 issued by the respondent No. 3 (Annexure ‘C’) inviting applications for appointment in different vacant posts including those currently held by the petitioners without regularizing/absorbing the petitioners in such vacant permanent posts shall  not   be  declared  to   have  been  issued without lawful authority and of no legal effect and as to why respondent Nos. 3 -9 should not be directed to absorb the petitioners along with other badly/temporary/adhoc basis employees against the vacant permanent posts and also pleased to pass an interim order of stay the operation of the impugned circular dated 22.07.16 issued by the respondent No.3 (Annexure B-1’) for one month.

The order of stay is extended for furhter 3 (three) months. 

Secretary, Bangladesh Jute Mills Corporation (BJMC) filed Civil Petition for Leave to Appeal against the order dated 23.01.2017. 

The Hon’ble Appellate Division disposing the appeal direct the BJMC to proceed with the recruitment process subject to the condition that if the writ petiitoners are found suitable to the posts, they should be accompanied on priority basis and that the new recruitment can be made after absorption of the existing employees. the rule issued by the High Court Division is also discharged with this direction.