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Sindh High Court suspended the termination order issued under the grab of SC Sacked Employees’ Judgment

By September 6, 2021 November 13th, 2021 No Comments

The High Court of Sindh at Karachi suspended the unlawful termination orders issued by Trading Corporation of Pakistan (TCP)  of those employees who were not reinstated by the Sacked Employees (Reinstatement) Ordinance, 2009 and Act, 2010 but by the decision of the Federal Cabinet. The officers/employees were represented by Mr. Haider Waheed, ASC, and Barrister Junaid Ahmed before the High Court, whereby the Honourable High Court suspended the impugned termination officer order of three TCP’s General Managers. 

By way of background, TCP under the grab of recent Supreme Court Judgment (authored by Justice Mushir Alam) had malafidely and unlawfully relieved even those employees who were not reinstated by the Sacked Employees (Reinstatement) Ordinance, 2009 and Act, 2010. The Employees/Plaintiffs were initially appointed in Rice Export Corporation of Pakistan in 1989, and none of the Plaintiffs fall under the scope and definition of Sacked Employees nor the Plaintiffs’ reinstatements were ordered by the Review Board which was established under the Ordinance 2009 followed by an Act 2010.  In addition, TCP on various occasions admitted both in Court in CP-D 820/2009, and in Federal Cabinet Meetings, that the Plaintiffs do not fall under the scope of Sacked Employees (Reinstatement) Ordinance, 2009 and even the Honorable High Court of Sindh in CP-D 2008 of 1997 specifically ordered that if the same kind of services as rendered by the Plaintiffs are required by TCP then preference should be given to the Plaintiffs. Nonetheless, TCP mala fidely and unilaterally passed an impugned order dated 31.08.2021, without issuing any show-cause and without providing any chance of hearing, and relieved services of four of its employees, including the Plaintiffs. Subsequently, the impugned office order has been suspended by the Honorable High Court and the Plaintiffs have resumed its employment.

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