Responding to a writ petition filed by advocate Arjun Kumar Aryal, a division bench of justices Girish Chandra Lal and Devendra Gopal Shrestha stated that the issue raised in the petition would be addressed through the final verdict and there is no need to give continuity to its previous interim order.
Earlier, a single bench of justice Cholendra SJB Rana on April 10 had issued an order barring trade unions of civil servants from engaging in activities other than collective bargaining till Tuesday. The bench had also asked the petitioner and defendants to appear at the court to discuss whether or not to give continuity to the order.
After the hearing on Tuesday over the issue, the division bench of Lal and Shrestha decided not to give continuity to the previous order.
Advocate Aryal had filed the writ petition demanding election of the official trade unions of the civil servants and barring trade unions from establishing ties with political parties.
Aryal on April 8 had filed the petition arguing that trade unions affiliated to political parties or run as sister wings of political parties contravene the existing Civil Service Act, which bars civil servants from participating in political activities.
The petitioner has named the Office of Prime Minister and Council of Ministers, Ministry of General Administration and Labor Department as well as eight trade unions affiliated to different political parties as defendants.
The petitioner has claimed that by interfering in the promotion and placement of civil servants, the trade unions affiliated to political parties have been functioning against the spirit of constitutional provision that allows formation of trade unions for collective bargaining for the welfare of civil servants.
Aryal has also sought an order against registration of new trade unions affiliated to political parties. The petitioner has also demanded that the court issue an order forcing trade unions to sever their ties with political parties.
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