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8 months ago

Labour law violation case

Court sentences Prof Yunus to six months in prison

Professor Muhammad Yunus speaks to journalists after the court verdict in Dhaka on Monday — FE Photo
Professor Muhammad Yunus speaks to journalists after the court verdict in Dhaka on Monday — FE Photo

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p1-insert-outlineNobel-laureate Professor Muhammad Yunus, who is chairman of Grameen Telecom firm, has been sentenced to six-month simple or non-rigorous imprisonment for violation of labour law in court verdict on the first day of this year.

"I'm convicted for a crime I didn't commit," Prof Yunus said in an instant reaction after the verdict given Monday that also convicted and sentenced three other top officials of the telecommunications company.

He and his colleagues were not thrown behind bars as they prayed for and were granted bail for one month by the same court on condition they should file appeal against the verdict.

Judge of the Third Labour Court in Dhaka Sheikh Merina Sultana delivered the verdict after concluding the trial proceedings on the case, filed by the Department of Inspection for Factories and Establishments (DIFE).

In addition to the imprisonment, the court also fined them Tk 30,000 each.

The other convicts are Grameen Telecom Managing Director Ashraful Hassan, and Directors Nurjahan Begum and Md Shahjahan.

Barrister Abdullah Al Mamun who appeared in the court for Prof Yunus and others said, "We didn't get justice. This judgment is flawed. We will appeal against this judgment with the High Court."

Another defence counsel, Barrister Khaja Tanvir Ahmed, said: "Six months' imprisonment and fining Tk 25000 is the highest punishment under the Labour Act, and the court has given the highest punishment to Prof Yunus."

Prosecution-lawyer Khurshid Alam Khan, who represented the DIFE, the plaintiff organisation, claimed they were able to prove the charges against the accused "beyond doubt" and that the court was "satisfied" and sentenced the accused.

"We are happy with the judgment. This judgment proves that no one is above the law," said lawyer Khan.

After the verdict was pronounced, in a jam-packed court, Prof Yunus and the three other officials filed a bail petition, and the same judge enlarged them on one-month bail pending appeal filing.

In the 84-page verdict, the court said the accused had violated Sections 4, 8, 117 and 234 of the Labour Act 2006 and the prosecution was able to prove the charges against the accused beyond doubt.

Under section 303(3) of the act, it sentenced all the four accused to six months' imprisonment and fined Tk 5,000, in default to serve 10 days more in jail. Under Section 307 of the act it fined each Tk 25,000. In default, they have to serve 15 days more in jail.

The court also directed the authorities of the Grameen Telecom to comply all rights of the employees of the organisation under the Labour Act within the next one month.

Security in and around the Labour Court in Bijoynagar in the capital was tightened centering the announcement of the judgment. Huge contingent law enforcers was deployed there-evidently as the area has turned hotspot of political opposition's election-boycott action.

Prof Yunus and the others entered the courtroom of the 3rd Labour Court at 1.42pm. The judge started announcing the verdict at 2.15 pm.

Inspector of the Department of Inspection for Factories and Establishments Arifuzzaman filed the case with Dhaka 3rd Labour Court on September 9, 2021 against the four.

According to the case documents, a team of DIFE went on an inspection to Grameen Telecom and found the violations of labour laws, like not regularizing 101 staff members, not establishing a welfare fund for the labourers, among others.

Besides, 5.0 per cent of the company's dividends were supposed to be paid into the workers' participation fund, but was not paid, also reads the case statement.

Barrister Mamun said, "The employees' jobs were not regularized as they were appointed on a contractual basis. Their contract was renewed every three years. The employees also enjoyed earned leave for 20 days in a calendar year, although the case statement brought an allegation that the employees didn't get any earned leave during their job."

The lawyer further said 5.0 percent dividend was not paid as the company is a non-profit one.

The Labour Court on June 6 in 2023 framed charges against Prof Yunus and the three other persons in the case. They had filed petition with the High Court seeking cancellation of charge-framing order. The apex court on August 20 finally dismissed the petition, setting in motion the trial proceedings.

The Labour Court on August 22 started testimony by the witnesses in the case, which ended on November 9. Four officials of the Department of Inspection for Factories and Establishments testified in the case.

Completing the final arguments, the judge of the Labour Court on December 24, 2023 fixed January 01, 2024 for delivering the verdict.

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