The Supreme Court has issued a short-term interim order not to immediately revoke the ordinance that dissolves the trade unions of civil servants. Three judges ruled that under Article 17 of the Constitution, the right to form trade unions and engage in collective bargaining is constitutional, directing that the ordinance should not be implemented. The Supreme Court has summoned both parties on 6 Jestha to discuss the interim order and has ordered the government to submit a written response within one week. Kathmandu, 28 Baisakh.
The Supreme Court issued an interim order against revoking the ordinance that dissolves civil servants’ trade unions. The order was passed with a split decision among the five judges on the constitutional bench. Chief Justice Sapana Pradhan Malla, along with Justices Kumar Regmi and Hari Phuyal, ordered that the ordinance removing trade unions in the civil service must not be enforced immediately. However, Justices Sharanga Subedi and Binod Sharma dissented, arguing that an interim order was unnecessary.
Recently, the government repealed provisions related to trade unions in the Civil Service Act through an ordinance. Following its issuance, the Ministry of Federal Affairs and General Administration announced on 22 Baisakh 2083 to close trade union offices. The next day, the Department of Labor and Occupational Safety also issued notification declaring the trade unions dissolved. Bhawani Dahal, president of the Nepal Civil Service Employees Organization, challenged the ordinance at the Supreme Court’s constitutional bench, arguing that the dissolution was unlawful and violated citizens’ fundamental rights.
The three judges emphasized that under Article 17, which guarantees the right to freedom, the establishment of federations, trade unions, and collective bargaining is constitutionally protected. Accordingly, the Supreme Court instructed not to implement any measures banning trade unions. They stated, “For the time being, the enforcement of Clause 10 of the Nepal Act Amendment Ordinance, 2083, shall not be carried out. A short-term interim order has been issued in favor of the respondents as per Rule 19(4) of the Supreme Court (Constitutional Bench Procedure) Regulations, 2072.”
