Bangladesh Sugar and Food Industries Corporation Service Regulations, 1989
Regulation 53(2)-Regulation 53(2) enables the Corporation to terminate its employee in two ways the competent authority can terminate any of its employee without showing any cause by giving 90 days' notice or the competent authority without showing any cause can terminate any of its employee on payment of 90 days' salary in cash. According to the first part of Regulation 53(2) payment of ninety (90) days salary is not necessary. But according to the second part of Regulation 53(2) ninety (90) days' salary must be paid on the very date of termination and this a precondition for effectiveness of termination of service. Bangladesh Sugar and Food Industries Corporation vs Md Shamsuddin Sheikh (Civil), 73 DLR (AD) 46
Regulation 53(2)-The mandatory provi- sions were violated by subsequent payments of 90 days' salary along with service benefits to him in lump. The order was correctly struck down by the High Court Division, Bangladesh Sugar and Food Industries Corporation vs Md Shamsuddin Sheikh (Civil), 73 DLR (AD) 46
Regulation 53(2)-If the Corporation did not have the required fund to make payment to the respondent, it could terminate the respondent from service by resorting to first part of Regulation 53(2) where the competent authority could terminate the respondent without any cause by giving only 90 (ninety) days notice. Bangladesh Sugar and Food Industries Corpo ration vs Md Shamsuddin Sheikh (Civil), 73 DLR (AD) 46