relating to service matters of the employees of entities controlled by the federal government reflects adversely on the state of governance of such organisations and entities. “They clog the courts on one hand, while on the other raise concerns. It undeniably manifests a grave wrong in the system, creating an impression that the employees are not being heard and have been left without any remedy.”
The order noted that when the state fails in providing inexpensive and effective forums for dispute resolutions, it gives rise to an intolerant, lawless and chaotic society. “The large number of aggrieved employees of entities controlled by the federal government appears to be a classic example of the apathy of the managers in providing to its employees effective and inexpensive forum to redress their grievances.”
Most of the employees, the order read, can hardly afford to litigate within their meager means and may retire in pursuit of justice. Many ultimately might be declared to have been wronged, but by then it may be too late as “justice delayed is justice denied”.
“The fault, I regret to say, has been on account of the indifference of the employers and the federal government. In the first place if the employers had attended the grievances of its employees in a fair, just and transparent manner, there would have been no need for them to approach this Court at a cost. It is a fundamental right of each employee to have inexpensive and effective access to justice which inevitably includes an effective and inexpensive forum for redressal of grievances,” Justice Minallah noted.
The order directed the government to provide its employees with an alternative dispute resolution forum. “They may consider appointing a retired judge of the Supreme Court or a High Court as a forum for alternative dispute resolution in case of the petitions pending before this Court relating to grievances of the employees who are not amenable to the jurisdiction of the Federal Services Tribunal. This may be an interim arrangement while the federal government considers providing a permanent tribunal or forum for such employees.”