Supreme Court (SC) has rejected the review petitions filed by the sacked employees in connection with their reinstatement while it has reinstated employees from grade-1 to 7 on a suo motu notice taken by the court under article 184/3 and article 187 of the constitution.
The court has linked the reinstatement of employees from grade-8 to grade 17 to passing of departmental examination. These employees will have to undergo departmental examination.
Ealier, a five-member bench of the apex court headed by Justice Umer Ata Bandial reserved the judgment on the review petitions filed by the government against the court judgment striking down the Sacked Employees (Reinstatement) Act 2010.
The case in respect of which the judgment was reserved earlier came up for hearing before a 5 members bench of SC presided over by Justice Umer Ata Bandial Friday.
Justice Umar Ata Bandial read out the judgment.
The decision said the court has rejected the appeal pleas of the employees for their reinstatement. Four judges gave decision in support of rejecting the appeal pleas. Justice Mansoor Ali Shah wrote dissenting note .
The court while exercising the powers conferred upon it under article 184/3 and 187 of the constitution reinstated employees from grade-1 to grade-7. However the reinstatement of employees from grade 8 to grade-17 was made conditional to the passing of the departmental examination. Those who were sacked on account of misconduct or absence from duty will not be reinstated.
The court remarked parliament is supreme in robust democratic system. Letting down the parliament is tantamount to let down the democracy. Section 4 and section 10 is alien to constitution which should be reviewed.
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