. The Supreme Court has issued an interim order against the government’s decision to ban trade unions of civil servants and directed the government not to implement the decision immediately.

The Supreme Court’s Constitutional Bench (SC) has issued an interim order after three of the five justices ruled that the interim order should be issued.TAG_OPEN_p_13 A division bench of Acting Chief Justice Sapana Pradhan Malla, Justice Kumar Regmi and Hari Prasad Phuyal said that the amendment bill could be against the constitution.

However, a division bench of Justices Binod Sharma and Sharanga Subedi argued that the interim order should not be issued in the hearing unilaterally.TAG_OPEN_p_12

The Constitutional Bench has ordered the defendants to submit a written reply within 7 days.TAG_OPEN_p_11

The government had amended the Civil Service Act by promulgating an ordinance on May 2 TAG_OPEN_p_10. On the basis of this, the Ministry of Federal Affairs and General Administration had ordered the closure of the trade union offices on May 5.

However, the writ petitioners have claimed that the Ordinance is contrary to the right to form trade unions and collective bargaining guaranteed in Articles 1, 34, 93 and 114 of the Constitution as well as Articles 17(2)(d) and Article 34(3).TAG_OPEN_p_9

The petition argues that Section TAG_OPEN_p_8 53 of the Civil Service Act ensures the representation of the authorized trade union and the constitution guarantees the formation and participation of employees’ unions.

Evaluating these grounds, the bench issued a temporary interim order in the name of the defendants asking them not to implement Clause 10 of the ‘Ordinance to Amend Some Nepal Acts, 2083’.TAG_OPEN_p_7