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Appellate Division orders disposal of Dr Yunus’ writ petition

Staff Reporter  :
The Appellate Division (AD) of the Supreme Court on Monday ordered the High Court to dispose of a rule, issued earlier, questioning a Labour Appellate Tribunal’s award that asked the authorities of the Grameen Kalyan, an organization owned by Nobel laureate Professor Dr Muhammad Yunus, to pay due dividend to its 106 sacked and retired employees.

A four-member bench of the Appellate Division headed by Chief Justice Hasan Foez Siddique passed the order, after hearing a petition filed by the former employees of the Grameen Kalyan against the High Court order.

The apex court, however, upheld its Chamber Judge’s order that stayed a part of the HC order issuing status quo on the Tribunal’s award.

Lawyer Khurshid Alam Khan appeared in the court hearing on behalf of the former Grameen Kalyan employees, while Barrister Abdullah Al Mamun represented the Grameen Kalyan.

Lawyer Khurshid Alam Khan said, “SC asked the HC to dispose of the ruled regarding the issue within two months. It also upheld the Chamber Judge’s stay order against the HC status quo on the Tribunal’s award.”

According to the Labor Act, 5 percent of the company’s net profit has to be paid to the workers’ welfare and participation fund from the date the Labour Act comes into force. However, Grameen Kalyan did not give dividend to its employees claiming itself a non-profit social enterprise.

These 106 former employees who are claiming dividend worked in this organization in different positions since 2006 to 2013. Some of them retired and some of them were sacked from the organization.

They didn’t get any percentage of company’s profit since their appointment. However, the organization is sharing dividend with its employees since 2021. In this circumstance, these former employees sent a legal notice demanding their due dividend.

They filed a case as their notice unheeded. The Labour Appellate Tribunal on April 3 this year delivered its award in favour of the employees. The court asked the Grameen Kalyan authorities to pay the dividend to the employees for the period of 2006 to 2013.

Following a writ petition the High Court bench of Justice Zafar Ahmed and Justice Md Bashir Ullah issued a status quo on the Tribunal’s award. It also issued a rule asking the respondents to explain as to why the Tribunal’s award should not be declared illegal.

The employees on June 21 filed a petition with the Chamber Judge’s court against the High Court order. Upon hearing the petition, the Chamber Judge stayed the HC status quo. It also sent the matter to the regular Appellate Division bench for detail hearing.