KATHMANDU: The Supreme Court (SC) on Friday cleared the way for the implementation of the government’s decision to dissolve the official trade union of civil servants by refusing to continue a previously issued interim order.
On Friday, a Constitutional Bench headed by Chief Justice Dr. Manoj Kumar Sharma ruled by majority not to extend the interim protection previously granted.
Earlier, on May 11, a Constitutional Bench of the Supreme Court had issued a short-term interim order, by majority, directing that the government’s decision to dissolve the trade union not be implemented immediately.
The bench comprising then Acting Chief Justice Sapana Pradhan Malla and Justices Kumar Regmi and Hari Prasad Phuyal had ordered a temporary halt to the implementation of the ordinance that amended the relevant law and dissolved the union.
However, Justices Binod Sharma and Sharanga Subedi had disagreed with the issuance of the short-term interim order through a one-sided hearing.
Subsequently, Chief Justice Sharma constituted a new Constitutional Bench excluding the judges who had supported the interim order, a move that drew criticism for departing from the Supreme Court’s usual practice. However, Justice Binod Sharma, who had dissented from the earlier order, remained on the bench.
The Constitutional Bench comprising Chief Justice Sharma and Justices Nahakul Subedi, Binod Sharma, Abdul Aziz Musalman, and Mahesh Sharma Poudel ultimately decided not to continue the short-term interim order.
The writ petition had been filed by Bhawani Dahal, president of the Central Working Committee of the Nepal Civil Servants Organization, challenging the repeal of the relevant law through an ordinance.
With the Supreme Court’s latest order, the government’s notice can now be implemented. However, a full hearing on the case is still pending.
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