ISLAMABAD:The Supreme Court on Wednesday adjourned hearing of the review petitions filed by the federal government and the sacked employees against judgment declaring Sacked Employees (Reinstatement) Act, 2010 ultra vires of the Constitution till Thursday.
A five-member larger bench of the apex court headed by Justice Umar Ata Bandial, Justice Syed MAnsoor Ali Shah, Justice Sajjad Ali Shah, Justice Qazi Muhammad Amin and Justice Amin-ud-Din Khan heard review petitions filed by the government and sacked workers against the judgment, which struck down the Sacked Employees (Reinstatement) Ordinance Act, 2010.
During the course of proceedings, Advocate Lateef Khosa counsel for sacked employees of Sui Northern Gas Pipeline Ltd and State Life Insurance Corporation said that the the employees were terminated after overthrowing Pakistan People Party government by the then President Farooq Leghari. He asked whether it was always a coincidence that PPP recruits were being fired.
He said that the PPP had also reinstated the judges sacked by a dictator. PPP’s election manifesto was to reinstate employees, he added.
Justice Mansoor said that the employees illegal termination would have been in practice since 1947. He asked why only a few employees had been reinstated. Lateef Khosa responded that employees had approached the courts after their termination. The courts reinstated several employees and upheld the dismissals of many, he added.
Justice Mansoor said that no legislation could be done against a court decision. He asked if a court convicted someone, could Parliament acquit him by legislation? He observed that the independence of judiciary would be compromised if legislation was passed against judicial decisions.
He said if this system prevailed then all previously sacked employees should be reinstated.
Justice Bandial said the employees who filed the review petitions were appointed on contracts. Parliament could not made legislation only on humanitarian grounds, he added.
Justice Mansoor said that some employees were fired in 1996-97 and asked was not it natural to challenge their dismissal. Some court decisions were in favor of the employees while in some cases decisions were against employees, he said and added that employees were reinstated after 11 years through a law in presence of court decisions.
Justice Bandial said that no legislation should be made in 2010 in context of 2003 court decision.
He asked was it right to give the same relief to the employees who had been working for six months as compared to employees working for 12 years? Those who were recruited in 1996 were fired in 1997, so they worked for 6 months, he added. He said that the 2003 court ruling was related to employees who were working for ten years and recruited in 1988-89.
Justice Mansoor asked why the issue of sacked employees was not appealed before the court. Lateef Khosa responded that the then PPP government also did not even move the case of deposed judges to court and restored sacked judges through an executive order.
He said that the sacked judges did not file petition in any court, they were reinstated by an executive order.
Justice Mansoor said that according to employees they were dismissed without completing codal legal formalities. Only legislators and the people could feel their pain, Lateef khosa responded.
Justice Mansoor said that if employees were terminated on political rivalry, it should had been mentioned in the Act of Parliament. An attempt was made to influence the independence of the judiciary through the Act of Parliament, he added.
Lateef Khosa said that the employees continued to work for ten years after the Act of Parliament. He said that the the employees were recruited by fulfilling all the legal requirements.