ACCORD SOP under the scrutiny of the High Court Division of The Supreme Court of Bangladesh
বুধবার, মার্চ ২৯, ২০১৭
Fazlul Haque Staff Correspondent: A Division Bench of Mr. Justice Justice Syed Muhammad Dastagir Husain And Mr. Justice Md. Ataur Rahman Khan Of The High Court Division of The Supreme Court of Bangladesh has issued a rule nisi calling upon Accord Foundation to show cause as to why it’s Standard Operating Procedure (SOP) for implementation of escalation stages under article 21 of Accord shall not be declared to be illegal and is of no legal effect.
The rule was issued in the writ Petition No. 3868 of 2017 filed by a company named Knit & Knitwears limited, the owner of a factory in Dhaka.
The lawyer of the petitioner company Mr. Jafrul Hasan Sharif described that under the impugned SOP, Accord got the authority to terminate a compliant factory only on the ground that one of the several factories under the same management was found non-compliant. Such an irrational provision created a huge reparction amongst the factory owners of Bangladesh.
Mr. Hasan also stated such an illegal arbitrary, irrational provision in a SOP of a European Union Organization like ACCORD cannot be accepted. He also argued that the instant SOP is directly contradictory to section 15 of the Bangladesh Competition Act, 2012 and that of the Article 101 of the Treaty on Functioning of the European Union (TFEU).
The managing Director of Petitioner Company also expressed the intention to file a complaint against the aforesaid Accord Provision to the European Competition Commission in Brussels.
Mr. Hasan also confirms that his firm Attorneys is moving to Brussels to lodge such complaint to director General in EU Competition Commission later in this month.