Fate of sacked govt employees to be decided today

ISLAMABAD:

All eyes are set on the Supreme Court, which once again has chosen Friday (today) to announce its ruling on the review petitions against its judgment, sacking thousands of government employees.

A five-judge larger bench led by Justice Umar Ata Bandial heard several reviews petitions filed by federal government and other aggrieved persons against SC's August 17 judgment, regarding removal of thousands of employees by striking down Sacked Employees (Reinstatement) Ordinance Act, 2010.

Several senior lawyers argued the case on behalf of their clients. Towards the end, Attorney General for Pakistan Khalid Jawed Khan pleaded the federal government's review petition against the judgment.

Hundreds of sacked employees are sitting at Constitution Avenue Islamabad awaiting the judgment which will decide their fate.

Also read: Govt submits proposals for restoring sacked workers

On Wednesday, the AGP submitted the federal government's proposal regarding the reinstatement of sacked employees.

However, the bench was not convinced with the government's proposal on Thursday and asked the AGP to give his arguments on “reading down the relevant law”.

The AGP urged the court to “read down” the provisions of Sacked Employees (Re-instatement) Act, 2010 to restrict its validity and applicability only to the extent of simple appointment/re-appointment of employees who were appointed from 1993 to 1996 but terminated during 1996 to 1999.

He said that these people were appointed by the legislature act and not the executive. However, Justice Qazi Muhammad Amin Ahmed asked whether parliament could alter the basic structure of the Constitution.

The AGP replied that no basic structure was violated on account of the restoration of these employees through act of parliament in 2010.

Also read: SC urged to ‘read down’ sacked employees act

The AGP also read out certain portions of parliament debate wherein it was being established that these employees were terminated on account of political victimisation during the period of 1997 to 1999. No inquiry or show cause was given before their final termination, he stated.

Justice Syed Mansoor Ali Shah noted that parliament could make law for interest of specific class of people.

Justice Bandial said that the larger bench has been formed in this case in order to re-hear the matter. He said that it is not in public interest to dole out employments without adhering to the process of recruitment.

Justice Bandial said that the order will be announced today (Friday) at 11am.