The case has been scheduled to be heard by a five-judge bench including Chief Justice Manoj Kumar Sharma.
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The Supreme Court is hearing a writ petition filed challenging the government's decision to dissolve the civil service trade union on Wednesday. The case has been scheduled to be heard in a bench of five judges including Chief Justice Manoj Kumar Sharma. Five people, including Nepal Civil Service Organization President Bhawani Dahal, had filed a writ petition in the Constitutional Bench on April 25. Prime Minister Balendra Shah, the Office of the President, and Sheetal Niwas have been named as respondents in the writ petition. There is a debate on whether to issue an interim order in the writ petition. The initial hearing was kept on hold since May 20. The writ petition has been scheduled in a bench of Chief Justice Sharma, Justices Nahakul Subedi, Binod Sharma, Abdul Aziz Masulman, and Mahesh Sharma Poudel. Earlier, the Constitutional Bench had issued a short-term interim order on April 28. The majority of the judges of the Constitutional Bench had issued a short-term interim order and ordered the government to be summoned for discussion.
Acting Chief Justice Sapna Pradhan Malla, Justices Kumar Regmi and Hari Prasad Phuyal had also issued a show-cause order. They had given a short-term interim order stating that the Constitution provides for the right to freedom and the right to form a trade union. However, a bench excluding them was formed on Wednesday.
'Considering the context in which the petitioner and learned legal practitioners have argued that the constitutional guarantee of the right to form associations, form trade unions, participate in them and bargain collectively is linked to the constitutional guarantee, a short-term interim order has been issued not to implement Section 10 of the Ordinance to Amend Certain Nepal Acts, 2083,' the order said.
Justices Binod Sharma and Sharanga Subedi, however, have taken a different view. They had expressed their disagreement on the issue of issuing a short-term interim order. The Supreme Court's hearing today will determine the status of the implementation of the government's decision on the employee trade union.
If the Supreme Court orders the continuation of the short-term interim order issued earlier as an interim order, the implementation of the government's decision will be suspended. If the interim order is refused, the government's decision will be upheld.
