The High Court has declared the recommendations of the Cabinet Committee regarding gratuity and income tax to the 9th Wage Board illegal for journalists and other employees of newspapers and news agencies.
As a result, the income tax of journalists and other employees of the newspapers and news agencies will have to be paid by the authorities as before. And journalists-employees will get two gratuities equal to the basic salary in a year.
The High Court bench of Justice Md Ashfaqul Islam and Justice Md Shohrowardi delivered the verdict after hearing a writ petition filed in this regard.
Lawyers Kazi Akter Hamid and Didarul Alam appeared in the court hearing on behalf of the writ petitioner, while Deputy Attorney General Barrister Kazi Maynul Hassan represented the state.
Later Mr Didarul Alam said, “Income tax of the journalists and other employees of the newspapers and news agencies will have to be paid by the authorities as before following the HC verdict. And journalists-employees will get two gratuities equal to the basic salary in a year.”
Md Mahbubuzzaman, general secretary of the Bangladesh Sangbad Sangstha (BSS) employees union, filed the petition on November 23 in 2020.
According to the petition, in the cabinet recommendations of the 9th newspaper wage board award the responsibility of paying taxes was vested upon the newspaper employees.
Even after being specific provision for gratuity in chapter 7 of the 9th wage board award gazette for paying the gratuity equivalent to the basic salary of two months, in the cabinet recommendations in chapter 12 of the gazette, the gratuity has been fixed as 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 deduct 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, claimed the petition.
After hearing the petition a High Court bench on November 25 that year 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 regarding the payment of income tax by the employees and payment of the gratuity equivalent to one month’s basic salary should not be declared illegal.
After the final hearing on the rule, the High Court delivered the judgement on Sunday.
