The Pakistan International Airlines is one of the employers to have its former employees receive reinstatement. —File photo

ISLAMABAD President Asif Ali Zardari on Saturday promulgated an ordinance to reinstate people removed from service between Nov 1996 and Dec 1998. The ordinance will apply to those employees who were sacked after the dismissal of the Benazir Bhutto government in Nov 1996. It would cover state-owned corporations, autonomous and semi-autonomous bodies and government organisations.

However, the cases of those dismissed, removed or terminated from service on account of closure of organisation, absence from duty, misappropriation of government money and medical unfitness will be reviewed by a board to be headed by a retired judge of the Supreme Court or a high court and comprising secretaries of law and establishment division.

A cabinet committee had on Jan 22 approved reinstatement of about 7,700 government employees sacked between Nov 1996 and Dec 1998. They had been recruited between Nov 1993 and Nov 1996 during the PPP's third stint in power. The plan will cost the national exchequer Rs7-8 billion over three years, besides a recurring cost of Rs2 billion a year.

These employees have been sacked from the State Life Insurance, Utility Stores Corporation, Pakistan Tourism Development Corporation, Zarai Taraqiati Bank Limited, SSGC, SNGPL, Pakistan State Oil, Oil and Gas Development Corporation, Pakistan Baitul Maal, Pakistan International Airlines, Civil Aviation Authority, Intelligence Bureau and ministries of education and health.

On reinstatement in service, a four-page ordinance said, every employee in the corporation or government service would be paid compensation equal to three years emoluments or the pay-scale in which he would be placed.

The first emolument will be equal to 12 months of dues on reinstatement and the second and third on Jan 1, 2010, and Jan 1, 2011, respectively.

However, the employee will not be entitled to claim seniority or arrears of pay or other service benefits and will be required on reinstatement to submit a surety bond in the form specified for the purpose.

The sacked employees will be offered one scale higher than their substantive scale of the post at the time of termination of service.

According to the ordinance, any person dismissed, removed or terminated from service on account of closure of organisation, absence from duty, misappropriation of government money or medical fitness will prefer a petition before the review board within 60 days of commencement of the ordinance. The board will decide the case within 30 days of its first hearing and will have the power to confirm or set aside vary or modify the order on consideration of the review petition.

The order of the review board will be final and could not be called in question in any court, authority or a tribunal.

Any person in the corporation or government service who held the post on contract against a regular post and his contract was extended at least once but subsequently was dismissed will be reinstated immediately and adjusted against regular post.

Similarly, those on contract against a temporary post will be reinstated immediately for the remaining portion of his contract. Those who were given forced golden handshake will be reinstated immediately but have to reimburse all monetary benefits received by them.

The ordinance will override all other laws in force or judgment of any tribunal or court, including the Supreme Court and high court.