Md. Joynal received BDT 100000/- from Labor Court in the presence of representative of SRS and BLAST |
Case Study-1: Md. Joynal
Summary about case
3rd Labour Court Dhaka
Compensation Case No. 401/2013
Status- Compensated BDT 100000.00 (Mutual understanding)
Filing & dissolve date- 16/05/2013 & 13/05/2018
Name & address of injured worker
Md. Joynal
Son of Late Jobbar Ali
Village- Notan Para
P.O- Roumari
Upozila- Roumari
District- Kurigram.
Mob: 01915522169
Name & address of employer:
Md. Motaleb Master
Son of Chamed Uddin
Village- Parijat Horiner Chala
P.O- Konabari
P.S- Joydevpur
District- Gazipur.
&
Mostofa (contractor)
Iriner Chala
Jailkhana Road
Nayeb Ali Super Market
Joydevpur
Gazipur.
Md. Joynal, Son of Late Jobbar Ali, Village- Notan Para, P.O- Roumari, Upozila- Roumari
District- Kurigram aged about 45 years was a construction worker. He came in Gazipur for better life. He was a principal earner of his family. On 26/12/2011 while he was working to make the wall of bricks above 2nd floor of an under construction building at Parijat Horiner Chala in Konabari area of Gazipur, accidently his head hits with wall and fall from 2nd floor and he was seriously injured and totally lost sense. Then he was rushed to Konabari Clinic and when his sense did not work anyway he was admitted to Dhaka Medical College Hospital. After primary treatment responsible doctor referred him to CRP, Savar, Dhaka. On 15/01/2012 he was rushed and admitted to CRP Hospital.
SRS went to CRP for collecting information about injured workers as its routine work. SRS found Md. Joynal when he was under treatment. Joynal said, “I am a construction worker. While I was working to make the wall of bricks above 2nd floor of under construction building, accidently my head hits with wall and falls from 2nd floor and I was seriously injured and totally lost sense. Now I am totally disabled.” This accident ruined his life totally. His employer did not pay a single coin for his treatment. He lost his position in his family and financially depends on his younger brother. The harm has made him completely dependent on his wife – to eat, dress, wash, and go to the bathroom. He is moving by wheel chair. Villagers cooperate to buy it. At present he are living very much helpless. Due to lack of money he is unable to buy drugs.
After collection of data the interviewer consulted with legal department of SRS in this matter. Legal department contacted with Md. Joynal and make aware about his right on Labour Law over phone. After knowing his right Md. Joynal agreed to apply to get fund from Labour Welfare Foundation (BLWF) and also agree to file compensation suit with the help of SRS and sent documents to SRS office. After getting documents firstly SRS drafted a petition and sent to BLAST for filing before 2ndLabour Court Dhaka. In addition the case has been placed before the respective court on 16/05/2013. The case number is 401/2013.
He came into court to appear for final hearing from Kurigram to Dhaka. But defendant frequently takes time. As a result, they wasted time and the court adjourned the case. At a time he is disappointed for justice and he has no trust to state and society. SRS suggests being patient. In addition defendant’s lawyer informs to SRS’s panel lawyer that defendant wants to compromise with petitioners through giving at BDT100000/-. SRS inform this matter to Md. Joynal and he wants to take money and withdraw the case. Finally he got BDT 100000 and withdrawn the case on 13/05/2018 by mutual understanding. After getting money he is very pleased. He said, “My family and me also did not think that I will get money from employer to file case but my thought is changed. I am very happy to get money and without SRS’s help I cannot get this money.” He also said, “I want to make a small shop with this money.”