The High Court on Wednesday questioned the recommendations of the 9th newspaper wage board regarding payment of income tax and gratuity.
The court issued a rule asking the respondents to explain as to why the recommendations of the cabinet committee as placed in chapter 12 of the 9th newspaper wage board award, so far as it relates to payment of income tax by the employees of the newspaper and news agencies and payment of the gratuity equivalent to one month’s basic salary by the employers, should not be declared illegal.
Cabinet secretary, information secretary and labour secretary have been
asked to comply with the rule. The High Court bench of Justice Md Mozibur Rahman Miah and Justice Mohi Uddin Shamim passed the order after holding hearing on a writ petition filed in this regard.
Md Mahbubuzzaman, General Secretary of Bangladesh Sangbad Sangstha (BSS), filed the petition on November 23 this year.
The petitioner said in the petition that as per a earlier judgement of the Appellate Division of the Supreme Court it has already been settled that the responsibility to pay all the taxes against the wages of the newspaper employees vested upon the employers.
In this way such responsibility of paying the taxes remains operative upon the newspaper owners/news agencies.
But in the cabinet recommendations of the 9th newspaper wage board award the responsibility of paying taxes was vested upon the newspaper employees. Therefore, the recommendations are liable to be declared illegal, read the petition.
Even after being specific provision for gratuity at the chapter 7 of the 9th newspaper wage board award gazette for paying the gratuity equivalent to the basic salary of two months, in the cabinet recommendations at chapter 12 of the of the gazette, the gratuity has been fixed equivalent to the basic salary of just one month which is self contradictory, also read the petition.
As per Section 149(2) of Bangladesh Labour Law, 2006, there is no scope to deducting any existing facility.
As the gratuity equivalent to the basic salary of two months has been in the effect for a long while as well as codified in the averment of the 9th newspaper wage board award, the cabinet recommendations are liable to be declared illegal.
Barrister Ruhul Quddus Kazal appeared in the court on behalf of the petitioner, while deputy attorney general Nawroz Muhammad Russel Chowdhury represented the state.
