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ACT NO. XXII OF 2010

SACKED EMPLOYEES (RE-INSTATEMENT) 

ACT, 2010

An Act to provide relief to persons in corporation service or autonomous or semi-autonomous bodies or in Government Service who were dismissed removed or terminated from service

[Gazette of Pakistan, Extraordinary, Part-I, dated 8.12.2012]

The following Act of Majlis-e-Shoora (Parliament) received the assent of the President on 6th December, 2010, and is hereby published for general information:–

WHEREAS it is expedient for the purpose of providing relief to persons who were appointed in a corporation service or autonomous or semi-autonomous bodies or in Government service during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and were dismissed, removed in terminated from service during the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive);

It is hereby enacted as follows:

1.       Short title, extent and commencement.–(1) This Act shall be called the Sacked Employees (Re-instatement) Act, 2010.

(2)     It extends to the whole of Pakistan.

(3)     It shall come into force at once.

2.       Definitions.–In this Act, unless there is anything repugnant in the subject or context,–

(a)     "Chairman" means Chairman of the Sacked Employees' Review Board;

(b)     "competent authority" means any officer or body authorized to exercise any power to do any act, thing or work mentioned in or covered under the subject of this Act;

(c)     “defunct organization" means the employer, office, organization or institution which was closed, abandoned or woundup or any employer organization which ceased to exist on or before the 13th day of February, 2009;

(d)     "employer" means the Federal Government or any Ministry or Division or department of the Federal Government or a corporation or organization or autonomous or semi-autonomous body established by or under a Federal law of owned or controlled by the Federal Government";

(e)     "Review Board'' or "Sacked Employees' Review Board" means the Sacked Employees Review Board established under Section 12;

(f)      "sacked employee" means–

          (i)      a person who was appointed as a regular or ad hoc employee or on contract basis or otherwise in service of employer, during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed, removed or terminated from service or whose contract period was expired or who was given forced golden hand shake during the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive);

          (ii)     a person who was appointed as a regular or ad hoc employee or on contract basis or otherwise or who was a member of the civil service of the Federation or who held a civil post in connection with affairs of the Federation, in a Ministry, Division or department during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was dismissed removed or terminated from service or whose contract period was expired or who was given forced golden hand shake during the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive);

          (iii)    a person who was appointed or re-instated in service of employer during the period from the 1st day of November; 1993 to the 30th day of November, 1996 (both days inclusive) and who was subsequently dismissed or removed or terminated from service during the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive) or who was intermittently dismissed, removed or terminated from service from time to time and re-instated through statuesque order or judgment of any tribunal or any Court including the Supreme Court or a High Court or through any administrative order or through withdrawal of any order conveying dismissal, removal or termination or by any other way on any date after the 1st day of November, 1996;

          (iv)    a persons who was appointed during the period from the 1st day of November; 1993 to the 30th day of November, 1996 (both days inclusive) and dismissed, removed or terminated from Government or corporation service on any charges of allegations during or after the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive), whether re-instated or taken back into service or not on orders of any tribunal or Court including the Supreme Court or a High Court or any other authority;

          (v)     a person who was appointed or re-instated in service of employer during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and dismissed or removed or terminated or dissociated or was discontinued from service on account of closure of his or her employer or office or organization, irrespective of the fact that whether a letter or notification or anything in writing for sacked employee’s dismissal or removal or termination or dissociation or discontinuation of service was issued or not or the status of sacked employee's service was turned inactive or otherwise; and

          (vi)    a person who was appointed or re-instated in service of employer during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and dismissed, removed or terminated from service of employer on account of absence from duty, misconduct, mis-appropriation of Government money or stock, or unfitness on medical grounds;

(g)     "Secretary'' means Secretary of the Ministry under administrative control of which the sacked employee was working or under administrative control of which the sacked employees' employer was functioning at the time of sacked employee's dismissal, removal or termination from service or in cases where administrative set up is changed, Secretary of the Ministry under administrative control of which the employer was working at the time of enactment of this Act or in case of defunct organization Secretary of the Ministry under administrative control of which the employer would have been working at the time of enactment of this Act; and

(h)     words referring to singular shall also refer to plural and vice versa and words referring to masculine gender shall also include feminine gender and vice versa.

3.  Application of sacked employee.—(1) A sacked employee, as defined in Section 2 above, may file an application, within ninety days of the enactment of this Act, to an officer of his employer for re-instatement of his service where the sacked employee shall clearly write the date of application appearing on the face of application.

(2)  In case, where sacked employee was serving in a defunct organization, he shall file his application for taking him back into service or in cases where sacked employee has already been re-instated under directions of any tribunal or any Court including the Supreme Court or a High Court or otherwise he may file his application for his regularization of service.

(3)  The application shall be deemed to have been filed with the employer or authority or officer so authorized for the purpose of this Act, if the sacked employee files the application in person or through his representative or through registered post. In case of filing of application through registered post, receipt of registered post alongwith a copy of the application, available with the sacked employee shall stand sufficient evidence of the fact that the application was filed by the sacked employee, on date appearing on copy of application available with the sacked employee.

4.  Re-instatement of employees in service and regularization of employees’ service.–Notwithstanding anything contained in any law, for the time being in force, or any judgment of any tribunal or any Court including the Supreme Court and a High Court or any terms and conditions of appointment on contract basis of otherwise, all sacked employees shall be re-instated in service and their service shall be regularized with effect from the date of enactment of this Act, in the manner provided as under, namely:–

(a)     a sacked employee appointed on permanent or temporary basis or regular or ad hoc basis or otherwise in any corporation or Government service against a regular or temporary post shall be re-instated and regularized in regular service of the employer on one scale higher to his substantive scale grade, cadre, group, post or designation, whatever the case may be, held by the sacked employee at the time of his dismissal removal or termination from service or at the time forced golden hand shake was given to the sacked employee;

(b)     a sacked employee appointed on contract basis against a regular or a temporary post and dismissed, removed or terminated from service before or after expiry of the contract period and whether or not he was again appointed and allowed to complete the period of contract, irrespective of the fact that whether a letter or notification for dismissal, removal or termination of the sacked employee’s service or expiry of the contract was issued or not, shall be re-instated and regularized against a regular post of the same scale, grade, cadre, group, post or designation, whatever the case may be, in regular service of the employer;

(c)     a sacked employee who was dismissed, removed or terminated from service of Government or any autonomous or semi-autonomous organization on any charges or allegations levelled against him and during or in the result of any enquiry held by the employer or otherwise on directions of any administrative authority or any tribunal or Court including the Supreme Court or a High Court, or any other a authority, the sacked employee is proved not guilty of those charges or allegations, he shall be re-instated and regularized in service of the employer in same scale, cadre, group, post or designation, whatever, the case may be, in following manner, namely:-

          (i)      sacked employee, who has not been re-instated or taken back in service until the day of enactment of this Act, shall immediately be re-instated or taken back into service and regularized with effect from the day of enactment of this Act, alongwith all monetary and other service benefits payable and admissible to the sacked employee under provisions of this Act;

          (ii)     sacked employee, who has already been re-instated or taken back in service under the directions of any tribunal or Court including the Supreme Court or a High Court or otherwise, shall immediately be regularized in service of the employer with effect from the day of the enactment of this Act, alongwith all monetary and other service benefits payable and admissible to the sacked employee under provisions of this Act; and

          (iii)    sacked employees as provided under sub-clauses (i) and (ii) shall be placed at the bottom of seniority list of employer for the scale, cadre, group, post or designation, whatever the case may be, and such sacked employee shall be entitled to promotion, retirement and all other service benefits admissible to the sacked employees under provisions of this Act, and at par with other regular employees of the employer:

                   Provided that charges or allegations levelled afresh, after judgment, order or directions of the Court, under which the sacked employee has been re-instated and the said enquiry was held or charges or allegations levelled at the time or enquiry held under such order or directions of the Court or charges or allegation other than levelled at the time of dismissal, removal or termination of sacked employee on basis of which the sacked employee was dismissed, removed or terminated or charges or allegations merely included in the enquiry report and any punishment awarded to the sacked employee on basis of such charges or allegation taken a fresh shall stand nullified and shall have no effect;

(d)     a sacked employee appointed as any type of trainee in service of employer shall be re-instated and regularized on the post, he would have occupied after completion of his term or period as trainee, in regular service of the employer, notwithstanding any condition under provisions of contract or terms and conditions of appointment regarding availability or vacancy of the post at the time of expiration of period for which he was appointed as trainee;

(e)     (i)      a sacked employee who was given forced golden hand shake shall be re-instated and regularized subject to in lump sum refund of all monetary benefits received by such sacked employee in connection with his or her forced golden hand shake; and

          (ii)     statement of a sacked employee to the fact that he was forcibly given the golden hand shake in his application, filed under Section 3, shall stand enough evidence for purpose of this Act and the sacked employee shall not be asked for any further evidence to establish the fact that he was given forced golden hand shake by the employer:

(f)      a sacked employee re-instated under this Act shall be regularized in the service of the employer in post, scale, grade, cadre, group or designation, whatever the case may be, on which he is re-instated under this Act as a permanent and a regular employee, with effect from the day of enactment of this Act, at par with other regular employees of the employer concerned and shall be placed at bottom of the seniority list, effective as on the date of enactment of this Act, for scale, grade, cadre, post, group or designation, whatever the case may be, in which the sacked employee is re-instated in accordance with the provisions of this Act;

(g)     in cases where employer fails to re-instate such sacked employee within fifteen days of the date of application, filed by the employee under Section 3, such sacked employee shall stand re-instated with effect from the date of enactment of this Act, on first working day after fifteen days of the application filed under Section 3; and

(h)     in cases where employer fails to regularize such sacked employee within fifteen days of the date of application filed by the sacked employee under Section 3, such sacked employee shall stand regularized with effect from the date of enactment of this Act, on first working day after fifteen days of the date of the application filed under Section 3.

5.  Sacked employee already reached at the age of superannuation.–In cases where a sacked employee has already reached at the age of superannuation on or before the date of enactment of this Act,–

(a)     such sacked employee shall be re-instated and regularized in service or the employer with effect from the date of enactment of this Act, in the manner provided in this Act and shall be notified to have retired from service of the employer with effect from one day after the enactment of this Act, irrespective of age of the sacked employee;

(b)     such sacked employee shall be paid an amount equal to three years emoluments as provided under Section 16;

(c)     such sacked employee shall also be entitled and shall be paid all payments, benefits, privileges and facilities which becomes due on or after or in connection with retirement of regular employees of the concerned employer under law for the time being in force, and in accordance with the rules, procedures and practices applicable for and at par with other regular employee of the employer; and

(d)     if the employer fails to notify the re-instatement or regularization or retirement of the sacked employee within specified time as provided in this Act, the sacked employee on fifteenth day of the enactment of this Act, shall stand re-instated and regularized in regular service of the employer with effect from the date of enactment of this Act and on sixteenth day of enactment of this Act shall stand retired from regular service of the employer with effect from one day after the date of enactment of this Act.

6.  Sacked employees removed from service on account of closure of employer organization.–In cases where sacked employee was dismissed or removed or terminated from service or his or her service was discontinued or held in abeyance due to closure or disbandment or winding up of the employer's office, organization or institution, whatever the case may be, or whose employer organization ceased to exist on or before the 13th day of February, 2009, whether or not any type of notification in writing was issued or served on the sacked employee, for his dismissal, removal or termination or discontinuation of his service or for his service held in abeyance, shall be re-instated or taken back in service and absorbed and regularized in service of the employer in the manner provided as under, namely:–

(a)     the Secretary, Establishment Division shall be treated as the employer of the sacked employee for purpose of Section 3, who shall, within fifteen days of application filed by the sacked employee under Section 3, re-instate the sacked employee or shall take him back in service if the sacked employee's employer was closed, disbanded or woundup irrespective of the fact that whether letter or notification was issued for service status of the sacked employee and shall adjust, absorb and regularize the sacked employee in service of the Federal Government in case of employer of the sacked employee was a Ministry or Division or a Government department or any organization not being autonomous or semi autonomous organization, and shall adjust, absorb and regularize the sacked employee in service of any autonomous or semi-autonomous organization, where employer of the sacked employee was an autonomous or semi-autonomous organization, with effect from the date of enactment of this Act;

(b)     the sacked employee shall be placed at the bottom of the seniority list, effective as on the date of enactment of this Act, for the scale, grade cadre, post group or designation, whatever the case may be, of the employer including any Ministry or Division or department or office or autonomous or semi-autonomous organization, where his services are placed;

(c)     where no separate cadre or seniority list is available for employees of a certain Ministry or Division or department, the Secretary, Establishment Division shall take the sacked employee into service and re-instate and regularize him in service at the bottom of the seniority list of the Establishment Division on the date of enactment of this Act; and

(d)     in cases where the Secretary, Establishment Division fails to re-instate or regularize the sacked employee, within fifteen days of application filed under Section 3, the sacked employee shall stand re-instated and regularized in regular strength of the Establishment Division with effect from the date of enactment of this Act, irrespective of the employer of sacked employee, whether or not, was any autonomous or semi-autonomous organization.

7.  Sacked employees re-instated and again removed from service.—(1) Provisions of this Act shall apply in full to a sacked employee who was re-instated during the period from the 1st day of November, 1993 to the 30th day of November, 1996 (both days inclusive) and was again removed or dismissed or terminated from service in any way or whose contract period was expired or was given forced golden hand shake during the period from the 1st day of November, 1996 to the 12th day of October, 1999 (both days inclusive).

(2)     Sacked employees once re-instated under any Ordinance promulgated for re-instatement of sacked employees after the 13th day of February, 2009 and again dismissed removed or terminated from service before or after the expiry of their contract period, shall also be re-instated and regularized in regular service of the employer in accordance with provisions of this Act.

(3)  For the purpose of sub-sections (1) and (2), the word `appointed’, wherever appearing in this Act, shall, wherever needed, be read as `re-instated’ and the word `again', wherever needed, shall be read before the words "dismissed or removed or terminated", for the purpose of implementation of this Act.

8.  Joining of duty by sacked employees.–Sacked employee shall resume his duties within ninety days of the letter issued for his re-instatement or the day the sacked employee stands re-instated under the provisions of this Act.

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