Law: Sacked Employees (Reinstatement) Ordinance, 2010

Section: 11,12,13

Law: Limitation Act, 1908

Section: 3,5,29

(a) Sacked Employees (Re-instatement) Act (XXII of 2010)--- ----Ss. 13, 11 & 12---Petition before Sacked Employees Review Board by Sacked Employee---Competency---Interpretation of Ss. 11 & 2(f) of the Sacked Employees (Re-instatement) Act, 2010---Scope---Question before the High Court was whether only "sacked employees" as strictly defined in S. 11 of the Sacked Employees (Re-instatement) Act, 2010 could file petition before the Review Board or whether the definition of "sacked employee" given in S. 2(f) would apply to the same ---- Held, that term sacked employee used in Ss. 11 & 13 of the Sacked Employees (Re-instatement) Act, 2010, if was considered to mean "sacked employee" as defined in S. 2(f) of the Sacked Employees (Re-instatement) Act, 2010; then there would be no reason for Legislature to qualify the term "sacked employee" with words "dismissed or removed or terminated from service on account of absence from duty or misconduct or any form of misappropriation of Government money or stock or his unfitness on medical grounds"---Distinction existed between the term "sacked employee" used in S. 11 and the same term as defined in S. 2(f) of the Sacked Employees (Re-instatement) Act, 2010----Definition per S. 2(f) of Sacked Employees (Re-instatement) Act, 2010 included such employee who was "dissociated or discontinued from service on account of closure of his or her employer or office or organization" or whose "contract period had expired or who was given golden hand shake, etc." and since a petition for reinstatement before Review Board was regulated by Ss. 11 & 13 of the Sacked Employees (Re-instatement) Act, 2010, therefore meaning of term "sacked employee" given in S. 11 of the same would override definition of the same term, "sacked employee"; given in S.2(f) the Sacked Employees (Re-instatement) Act, 2010 to the extent of inconsistency---High Court observed that only such sacked employee could file petition before Review Board who was dismissed or removed or terminated from service on account of absence from duty or misconduct or any form of misappropriation of Government money or stock or his unfitness on medical grounds. Chairman, Federal Board of…

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