Appellate Division
Biman Bangladesh Airlines Limited v Md. A.K. Azad, Cargo Helpers and others
Civil Appeal 178/2018 · Appeal disposed of with directions · Decided 7 May 2025
The respondents had worked for Biman for many years as casual Cargo Helpers and Traffic Helpers on daily wages. In 2001 Biman listed casual workers with more than 10 years' continuous service, including them, for permanent appointment, but nothing followed. After a 2007 decision to downsize manpower from 6883 to 3400 under a voluntary retirement scheme, the posts were abolished. The respondents filed a writ petition, and the High Court Division directed Biman to consider them sympathetically for permanent or similar posts. Biman appealed by leave, arguing that the respondents worked only intermittently and that the posts no longer existed. The Appellate Division found the enlistment undisputed and held that section 4 of the Employment of Labour (Standing Orders) Act, 1965, and section 4 of the Labour Act, 2006, together with Article 40 of the Constitution, gave the respondents a legal right to permanence which the downsizing could not negate. It found no illegality in the High Court Division's decision and disposed of the appeal with directions.
- Whether casual workers of Biman with more than 10 years' service, enlisted for permanent appointment, have a legal right to be made permanent under section 4 of the Employment of Labour (Standing Orders) Act, 1965.
- Whether that right can be defeated by the abolition of the posts following a voluntary retirement scheme to downsize manpower.
- Under section 4 of the Employment of Labour (Standing Orders) Act, 1965, and section 4 of the Labour Act, 2006, workers secure a right to become permanent after expiry of the relevant period.
- Biman's undisputed enlistment of the respondents in 2001 as casual workers with more than 10 years' continuous satisfactory service gave rise, with Article 40 of the Constitution, to a legal right to be made permanent.
- A right rooted in statute cannot be negated by a voluntary retirement scheme and abolition of posts adopted to downsize manpower under a Government policy decision.
- Biman was directed to make permanent, within three months, those respondents still working as casual Cargo Helpers and Traffic Helpers with satisfactory service records.
- Pending regularisation, the respondents were to receive half of the service benefits from 02.06.2016, and Biman may abolish the posts in accordance with law on their superannuation.
The right, rooted in statute, cannot be negated on the plea of adopting VRS by Biman with a view to downsizing the manpower from 6883 to 3400 pursuant to the decision of the 294th Board Meeting of Biman dated 31.02.2007
