Workers’ rights: NCA workers employees can approach courts, SC rules

Top court says statutory status of its rules does not affect secrecy of sensitive programmes

ISLAMABAD: The Supreme Court has ruled that the service rules of employees of strategic organisations are statutory and can thus approach the court for arbitration.

The civilian-led National Command Authority (NCA) had argued before the top court whether those employed under NCA Act 2010 by the authority or at the strategic organisations that it oversaw, could be treated as statutory.

The NCA is an umbrella strategic organisation which oversees a number of institutions, their staffing, policy formulation, exercises, deployment, research and development, and operational command and control of Pakistan’s nuclear arsenal. The prime minister is its chairman while other members include ministers for foreign affairs, defence, finance and interior along with the chairman of Joint Chiefs of Staff Committee and heads of the tri-services.



In a 28-page judgment, Justice Ejaz Afzal noted that the court had failed to understand how the statutory status of rules could affect and undermine an organisation’s autonomy. It further observed that unaccounted exercise of unfettered powers was dangerous and devastating for an institution like NCA.

“An authority which has been established for higher objectives cannot thrive and flourish, if its rules are not abided by or enforced on being violated,” the court held.

It asked what good were rules to an authority if they were ornamental rather than statutory. “What purpose would they (rules) serve when whim of anybody at the higher pedestal could replace them with impunity.”

The court further observed that the authority’s effective control over its activities for maintaining secrecy of sensitive programmes was in line with Pakistan’s international legal obligations, in particular UNSC Resolution and that they cannot be affected by the statutory status of its rules. Additionally it warned that employees whose terms and condition of service are regulated by non-statutory rules are more exposed to mischief.

Published in The Express Tribune, February 2^nd, 2016.