| Case ID |
eae47735-5c3d-4c08-8370-cf7e5de0320c |
| Body |
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| Case Number |
Civil Review Petitions Nos. 292 to 302, 351 to 432 |
| Decision Date |
Dec 17, 2021 |
| Hearing Date |
Dec 01, 2021 |
| Decision |
The Supreme Court dismissed the review petitions regarding the Sacked Employees (Re-instatement) Act, 2010, declaring it ultra vires the Constitution. The Court found that the Act violated fundamental rights as it provided backdated seniority to reinstated employees without justifiable grounds, disregarding the legal framework for civil service appointments. The Court upheld principles of merit, non-discrimination, transparency, and fairness in public service appointments, emphasizing that the Act's provisions were unconstitutional, particularly sections that conferred undue advantages to reinstated employees over regular employees. The judgment highlighted the necessity of adhering to constitutional mandates when enacting laws affecting employment rights, thereby reinforcing the rule of law and accountability in governance. |
| Summary |
This case revolves around the review of the Sacked Employees (Re-instatement) Act, 2010, by the Supreme Court of Pakistan. The Court evaluated the legality of reinstatements made under this Act, which aimed to provide relief to employees dismissed during a specific political period. The judges highlighted that the Act's provisions were not compliant with constitutional principles, particularly regarding merit and fairness in public service appointments. The judgment emphasized the importance of legislative integrity in protecting the rights of all employees, ensuring that reinstatement processes are transparent and equitable. The Court's decision serves as a precedent for upholding the rule of law in employment practices, reinforcing the necessity for legislative actions to align with constitutional standards. This ruling also reflects the ongoing discourse on employment rights in Pakistan, particularly in the context of political influence on civil service appointments. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
State Life Insurance Corporation,
Sui Southern Gas Company Ltd,
Overseas Pakistani Foundation
|
| Judges |
UMAR ATA BANDIAL,
SAJJAD ALI SHAH,
SYED MANSOOR ALI SHAH,
QAZI MUHAMMAD AMIN AHMED,
AMIN-UD-DIN KHAN
|
| Lawyers |
Barrister Umer Aslam for SSGPL,
Syed Waqar Naqvi, Advocate Supreme Court for State Life,
Aftab Alam Yasir, Advocate Supreme Court for OPF,
Asad Jan, Advocate Supreme Court for SNGPL
|
| Petitioners |
HADAYAT ULLAH and others
|
| Respondents |
FEDERATION OF PAKISTAN and others
|
| Citations |
2022 SLD 2293,
2022 SCMR 1691
|
| Other Citations |
Mukhtar Mai v. Abdul Khaliq 2019 SCMR 1302,
Registrar, Supreme Court of Pakistan v. Wali Muhammad 1997 SCMR 141,
Muhammad Mubeen-us-Salam v. Federation of Pakistan PLD 2006 SC 602,
Salahuddin v. Frontier Sugar Mills and Distillery Ltd. PLD 1975 SC 244,
Aitchison College v. Muhammad Zubair PLD 2002 SC 326,
Mubashir Raza Jaffri v. Employees Old-Age Benefits Institutions 2014 SCMR 949,
Mushtaq Ahmad Mohal v. Honourable Lahore High Court 1997 SCMR 1043,
Mobashir Hassan v. Federation of Pakistan PLD 2010 SC 265,
Ali Azhar Khan Baloch v. Province of Sindh 2015 SCMR 456
|
| Laws Involved |
Constitution of Pakistan, 1973
|
| Sections |
188,
240,
260(1)
|