ISLAMABAD: Chief Justice had constituted a three-member bench to hear a review petition pertaining to judgement on striking down the Sacked Employees (Reinstatement) Act 2010. A three-member SC bench comprising Justice Umar Ata Bandial, Justice Qazi Muhammad Amin Ahmed and Justice Aminuddin Khan would take up the case on November 11.
Justice Mushir Alam, who authored the judgment in August, has already retired. The SC had struck down the sacked employees law, ruling that the legislation enacted by the then PPP government did not fulfill the criteria laid down by the apex court in numerous cases. Additional Attorney General Sajid Ilyas had filed a review petition against the top court's 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 for Pakistan, particularly with reference to the constitutionality of the Act.
The plea further highlighted that the impugned judgment was reserved in December 2019 but was not announced until August 17, 2021, after a lapse of 20 months, which was against the set principles of due process.
It was also submitted that the 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.
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