SC to hear plea in sacked workers case on 11th

New three-judge bench formed to hear matter

ISLAMABAD:

The chief justice has formed a three-judge bench of the apex court to hear a review petition pertaining to its judgment on striking down the Sacked Employees (Reinstatement) Ordinance Act, 2010.

The bench, led by Justice Umar Ata Bandial, also comprises Justice Qazi Muhammad Amin Ahmed and Justice Aminuddin Khan. It will take up the case on November 11.

Earlier, the matter was fixed on October 14 but it could not be heard because of the unavailability of the bench.

Justice Mushir Alam, who authored the judgment in August, has already retired. The SC had struck down the sacked employees law, ruling that the legislation enacted by the then PPP government did not fulfill the criteria laid down by the apex court in numerous cases.

On appeals against various verdicts of the high courts, a three-member bench, comprising Justice Alam, Justice Qazi Muhammad Amin Ahmed and Justice Aminud Din Khan, had directed that all benefits accrued to the beneficiaries of the Act be stopped with immediate effect.

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

“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.

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“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.”

Additional Attorney General Sajid Ilyas had filed a review petition against the top court's August 19 verdict.

The review petition stated that the court passed the judgment without issuing a formal notice under order XXVIIA CPC and hearing the attorney general for Pakistan, particularly with reference to the constitutionality of the Act.

It added that the employees who had been conferred benefits under the Act, and who numbered in thousands, were neither heard nor provided an opportunity of hearing before the adverse action was taken against them.

The petition further stated that the judgment under review was passed ignoring the principle of natural justice and liable to be reviewed and recalled on this ground alone.

The plea further highlighted that the impugned judgment was reserved on December 16, 2019 but was not announced until August 17, 2021, after a lapse of 20 months, which was against the set principles of due process.

It was also submitted that the legitimate rights and interests of the existing employees, including their seniority positions and promotion prospects, could have been protected without declaring the entire act as ultra vires the Constitution.