Labour law violation case is entirely motivated: Dr Yunus at court

Grameen Telecom Chairman and Nobel Laureate Dr Mohammad Yunus said the labour law violation case filed against him is completely a motivated lawsuit.

"A case has been filed against me for alleged violations of labour law and it is completely a motivated case," Dr Yunus said yesterday in his defence statement where he pleaded not guilty at the Dhaka Third Labour Tribunal Judge Sheikh Marina Sultana's court.

Three other accused - Grameen Telecom Managing Director Md Ashraful Hasan, Director Nurjahan Begum, and Md Shahjahan – were also present at the court. The hearing of the case commenced at 1:10pm and concluded around 3:30pm.

Lawyer Barrister Abdullah Al Mamun submitted a 22-page written statement in defence of Dr Yunus and the other accused.

The defence statement stated that if the provisions of Section 234 of the labour law are violated, the government has outlined various remedies in Section 236. 

The defence argued that the Directorate of Inspection of Factories and Establishments cannot file a criminal case against the respondent without adhering to the provisions of Section 236 of the labour law. 

"This is considered a complete violation of the law and is deemed motivated. It does not constitute a criminal offence by any means," reads the statement.

Section 234 states that every company must establish a workers' welfare fund and a workers' participation fund. 

If a company does not establish these funds or comply with Section 234's requirements, the government may, by written order, compel it to do so within a particular time frame, according to Section 236. 

Highlighting Dr Yunus's significant contributions to the country's development, the statement said his role in attracting foreign brand companies through joint ventures and creating a multitude of human resources is widely known. 

"He [Yunus] has done all this without any personal financial gain. Despite these numerous selfless contributions, it is disheartening to see such a benevolent figure having to navigate the justice system for false accusations," it said.

Dr Yunus's lawyer Khawaja Tanveer Ahmed told The Business Standard that the court set 16 November for the presentation of arguments in the case. 

"We won't be presenting any deposition in this case. Consequently, the final stage of the argument will commence on 16 November," said the lawyer.

The labour law violation case 

On 9 September 2021, Labour Inspector Arifuzzaman of the Department of Inspection for Factories and Establishments filed the case with Dhaka's Third Labour Court.

According to the case documents, the officials of the Department of Inspection for Factories and Establishments visited Grameen Telecom and found some violations of labour laws.

Some 101 workers were supposed to be made permanent, but they were not made permanent. Workers' funds and welfare funds were not constituted.

Moreover, 5% of the company's dividend was supposed to be given to the workers, but it was not given to them. Based on these allegations, a case was filed against the concerned under criminal law.

On 6 June, the labour court ordered starting the trial by indicting four people including Dr Yunus. When the order was challenged in the High Court, the High Court quashed it.

Dr Yunus appealed to the Appellate Division against the HC order, which was also rejected on 20 August.