By Ali Imran
ISLAMABAD: Chief Justice of Pakistan Gulzar Ahmed constituted on Monday a three-judge special bench to hear the review petition pertaining to the judgment regarding striking down the Sacked Employees (Reinstatement) Ordinance Act, 2010. The bench, led by Justice Umar Ata Bandial, will take up the case on October 14.
Late last month, 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 of Pakistan, particularly with reference to the constitutionality of the Act. Furthermore, 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, it added.
The petition further stated that the judgment under review was passed ignoring the principle of natural justice and is 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 is against the set principles of due process.
“It is submitted that 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,” it had maintained. The apex court had struck down the Sacked Employees (Reinstatement) Ordinance Act of 2010, ruling that the legislation enacted by the then PPP government did not meet 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 Mushir Alam, Justice Qazi Muhammad Amin Ahmed and Justice Aminud Din Khan, 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, authored by Justice Mushir.
Earlier on September 28, Minister of State for Parliamentary Affairs Ali Muhammad Khan had expressed confidence that the sacked employees would be reinstated as a result of the review petition filed by the government with the Supreme Court. “By the Grace of Allah Almighty, we will get a good judgment from the Supreme Court of Pakistan. Hopefully, these employees will be reinstated with all perks, privileges and salaries,” he had said while winding up a debate on a motion filed by opposition members.
The motion was moved by Senators Sherry Rehman, Imamuddin Shouqeen, Anwar Lal Deen and Taj Haider to discuss the plight of thousands of employees who had been made redundant through the judgement of the apex court that declared the Sacked Employees (Reinstatement) Ordinance Act, 2010, illegal and unconstitutional.
The minister said the government would actively pursue the case as it fully supported the removed employees. He informed the house that the government had held meetings with the delegation of the sacked employees and promptly submitted a review petition with the court after getting formal approval from Prime Minister Imran Khan. He said all political parties had played a crucial role for an independent judiciary in the country and advised against bashing the courts. He urged the opposition members to avoid using derogatory language against national leadership and the judiciary.
