Kathmandu, Sept 30-The Supreme Court today decision on whether or not to issue a stay order on a two-month-old Civil Service Act amendment that banned civil servants from forming unions. During a hearing yesterday by a three-member full bench of Justices Sharada Prasad Pundit, Hari Jung Sijapati and Top Bahadur Magar, lawyers accused the government of promulgating the ‘undemocratic Ordinance’ that contradicted the Constitution. They also accused the government of submitting baseless arguments on the issue and said the it is preparing to provide the right to form unions through an amendment of the Civil Service Regulation, 1993.
“This is fraud and the government is trying to form such an organisation to benefit the near and dear ones of the present autocratic regime,” said advocate Harihar Dahal, pleading before the bench. Submitting a written reply before the apex court, the Acting Chief Secretary, Lokman Singh Karki, yesterday asserted that the government is making plans to give back the government employees the right. “If they don’t get back the right to form unions, the government employees have no other option but to hit the streets,” the lawyers said. However, government attorney Brajesh Pyakurel said the government had amended the 1992 Act to discipline the employees and as such there is no need for the apex court to allow them to form unions.