ISLAMABAD: The federal government on Tuesday looked for testimonial of the High court’s Aug 17 judgement that rendered nearly 17,000 civil servant out of work, developing much hue and cry.
On his last day in office, Justice Mushir Alam had on Aug 17 declared illegal and unconstitutional a PPP-era law called Sacked Workers (Reinstatement) Ordinance Act 2010 (SERA) under which a number of people were used or promoted in 1989-90.
The review application submitted by the facility department assistant through Added Chief law officer Sajid Ilyas Bhatti asked for the pinnacle court to recall the Aug 17 reasoning and suspend its procedure meantime.
The judgement had caused a furore and led to an objection sit-in outside the Parliament Home at once when Head of state Dr Arif Alvi was dealing with a joint resting of parliament on Sept 13.
The request has actually called 93 individuals, generally those influenced by the SC decision, as participants and suggested that though the pinnacle court had proclaimed SERA as unlawful despite the fact that the act was duly gone by parliament, yet no notification was released to a multitude of workers that were direct beneficiaries of the act yet shed or would shed their jobs immediately with no opportunity of being heard by the court.
The application remembered that in spite of the court order in 2010, no formal notification was issued to the Attorney general of the United States for Pakistan (AGP) in regards to the required mandatory policies. As necessary, the AGP was not heard on the concern of vires of SERA prior to it was proclaimed ultra vires of the Constitution, it said.
As a result of which, the Aug 17 reasoning dealt with product issues because it had been passed in lack of knowledge of a 2015 decision by the peak court in the Ghulam Rasool instance, it added.
“Though the government completely supports the concept of openness, advantage and also due process in the public work, the once sacked staff members dropping and benefitting under SERA might not be rendered completely out of work merely owning to deficiencies and also, for that reason, their legitimate civil liberties as well as passions ought to be shielded which does not prejudice various other workers,” the petition contented.
The application highlighted the demand for taking on extra equitable approach to balance the rights and interests of all the events on even more transparent and also merit-based criteria. Appropriately, it claimed, product provisions of SERA redressing injustices portioned to an overwhelming number of quondam sacked employees resulting from their earlier approximate discontinuations might have been stayed clear of as opposed to outright annulment of the whole act.
The petition described that the act was neither suggested for nor related to the services of civil servants whose solution was governed under the stipulations of the Civil Servants Act 1973 and also the rules framed thereunder.
SERA, as mentioned in its prelude, was suggested to provide alleviation to those persons in company solution or self-governing or semi-autonomous or in government solution which did not fall within the ambit of the Civil Servants Act, it suggested.
The application regretted that the principle of severability of the law was not used and also the whole SERA was declared ultra vires despite the fact that arrangements, which merely safeguarded the workers by reinstatement or regularisation of service without affecting right or passion of any kind of existing worker, could have been saved by the court.
Resultantly, thousands of workers instantly become unemployed causing extreme distress to countless family members, the petition competed, recalling that SERA passed by parliament had actually gotten the head of state’s acceptance on Dec 6, 2010 as well as was released for general info on Dec 8 that year.
Prior to SERA, it claimed, ordinances were additionally promulgated by the president to the very same impact as the act, including that the act was passed to restore the persons that were earlier employed in various firms, autonomous or semi-autonomous bodies or federal government service but were later disregarded.
The application remembered that when the sacked employees were reinstated and also regularised, disagreements over standing as well as promotion in the organisations happened and also as a result of which the workers currently serving in the organisations assailed standing, promo as well as grant of one step greater range to the restored staff members.
Several of the litigants likewise challenged the vires of SERA and also ensuing reinstatement in service of the sacked staff members. In other situations, the beneficiaries of the act sought enforcement of their rights under the act, the application stated.
Important legal questions as well as material facts left the notice of the apex court while passing the Aug 17 reasoning, the petition said, including that the verdict included errors and also errors obviously on the face of the record.
The request satisfied that a clear method was needed to be taken on to fully safeguard all the legitimate legal rights as well as passions of the existing as well as various other staff members that protected their work on advantage, qualifications as well as transparent process.