Govt to problem SC order on sacked workers legislation


ISLAMABAD:

The federal authorities has determined to problem the Supreme Court’s judgment relating to elimination of hundreds of workers by putting down Sacked Employees (Reinstatement) Ordinance Act, 2010.

AGP Khalid Jawed Khan will file the evaluate petition on this regard quickly.

Talking to The Express Tribune, the AGP confirmed that he acquired the federal government directions relating to submitting of the evaluate petition in opposition to the apex courtroom ruling.

Earlier, the related ministry was reluctant to file the evaluate petition. Even three senior ministers weren’t in favour of difficult the SC ruling.

Subsequently, when the sacked workers began protesting exterior parliament, the federal government modified its thoughts.

The AGP Office sources revealed that firstly, the federal government would search two weeks from the registrar workplace to file the evaluate petition. The 30-day deadline relating to submitting of evaluate goes to finish on September 17.

On appeals in opposition to varied judgments of the excessive courts, a three-member bench, comprising Justice Mushir Alam, Justice Qazi Muhammad Amin Ahmed and Justice Aminud Din Khan, directed for stopping all the advantages accrued to the beneficiaries of the act with quick impact.

“The Act has extended undue advantage to a certain class of citizens thereby violating the fundamental rights under articles 4, 9, and 25 of the employees in the Service of Pakistan and being void under Article 8 of the Constitution,” the judgment, authored by Justice Mushir Alam, stated.

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“While the Act of 2010 intends for reinstatement, the jurisprudence of this Court has clearly laid down the nuances entailed by the term ‘reinstatement’. The Act of 2010 does not fulfill the criteria laid down by this Court in numerous cases,” it added.

“Therefore, in light of the discussion above, the Act of 2010 is hereby declared to be ultra vires of the Constitution. The effect of such a declaration is that any/all the benefits accrued to the beneficiaries are to be ceased with immediate effect.”

The courtroom ordered the withdrawal of “lump sum” funds after the reinstatement of dismissed workers.

However, it added that the advantages acquired by the promoted workers for his or her positions shouldn’t be reversed.

The verdict wouldn’t apply to the retired or deceased workers, as per the ruling.

“The Legislature is empowered to declare any service to be service of Pakistan by or under an Act of Majlis-e-Shoora [Parliament]. This constitutional provision nevertheless does not empower the Legislature to declare any person to be in the service of Pakistan, on the basis of legal fiction,” it learn.

“The Legislature by using the expression ‘shall be deemed’ has allowed to enjoy the status of civil servant, even to those persons who were excluded from its definition in terms of section 2(I)(b) of the CSA, 1973, which also includes a person, who is a contract employee as interpreted by this Court.”

The courtroom famous that the one cavil to such a proposition is that if a vested proper was created, nevertheless, that might solely be generated by way of a legitimate enactment.

The induction of those workers had adversely impacted the promotion of workers of the Intelligence Bureau, National Highway Authority, Pakistan Telecommunication Company, Overseas Pakistani Foundation, State Life Insurance Corporation of Pakistan, Civil Aviation Authority, WAPDA and Trading Corporation of Pakistan.

Consequently, workers of those departments had been engaged in litigation to hunt treatment in opposition to violation of their rights.

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