however, cannot exercise such power arbitrarily rather he is required to pay pecuniary benefits to
the person sought to be terminated.27
According to section 23, a worker may be dismissed from service without prior notice or pay if
he is convicted for an offence or is found guilty of misconduct. However, section 24 provides for
a sound procedure to be followed to prove the misconduct and offence i.e. he must be found
guilty after inquiry by an inquiry committee comprised of the equal number of representatives
from the owner and workers’ sides.
In the case of death of the workers, or injury as well as cessation of the production due to natural
disasters, provisions have been made compensation. As per section 19 of the Act, the worker
shall be paid a by the employer a compensation at the rate of thirty days’ wages for a normal
death and of forty five days for an accidental death while working in the establishment which
will be in addition to any other benefit to which the deceased worker would have been entitled to
had he retired from the service. The High Court issued a Rule Nisi calling upon the respondents
to show cause as to why they should not be directed to take necessary actions as required by the
law and the Constitution, to effectively investigate, prosecute and punish those responsible for
the deaths and injuries of the victims of KTS fire 28 . Section 99 requires the Employer to
introduce group insurance in under the existing Insurance Act, in the establishments wherein 100
permanent workers are employed.
The Labour Act prohibits children under the age of 14 from work although children between the
ages of 12 and 14 can be authorized to work on an exceptional basis. According to section 34(1)
of the Act, no child shall be required or allowed to work in profession or establishment. Even no
parents or guardian of a child can make contract of employment of a child giving permission to
work with anyone. Again section 44 of the Act allows for employment of children in the light
work which is not dangerous to his health and development or which will not prevent him from
his education. As per section 39 as amended in 2013, the government, from time to time, will
declare in gazette notification the list of the dangerous works. As per section 34(2) read with
section 2(8), the young persons between the ages of 14 and 18 can be appointed to work in any
27
Adomjee Jute Mills Ltd. vs. Chairman, Labour Court, 9 MLR (2004) AD 77; S.H Kuddus vs. Labour Court,
Chittagong, (1981)
28
On 23 February 2006, a deadly fire broke out in KTS Textile and Garments Ltd. in the BSCIC Industrial Estate in
Chittagong, in which 65 workers died and over 150 were injured. Within a month, fires broke out in eight more
garment factories in Chittagong.