Daily Times

The Supreme Court (SC) Friday restored govt employees, sacked through an earlier judgement which struck down the Sacked Employees (Reinstatement) Ordinance Act 2010, while exercising suo motu jurisdiction under Article 184 (3) of the Constitution.

However, all review petitions in the case were dismissed by the apex court bench in a 4:1 majority decision. Justice Syed Mansoor Ali Shah dissented with the majority order, which was announced by Justice Umar Ata Bandial, says a news report. All employees from 1996 to 1999 have been reinstated by the apex court.

Earlier on Wednesday, the AGP submitted the federal government’s proposal for reinstatement of the 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 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 restoration of these employees through the act of parliament in 2010.

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 laws for the interest of a specific class of people.

Justice Bandial said the larger bench had been formed in this case in order to re-hear the matter.