The Supreme Court has refused to issue an interim order on a petition filed against the government's decision to abolish trade unions of civil servants.
Hearing the case on Friday, the Constitutional Bench decided not to continue the short-term interim order that had been previously issued. This means the order issued on May 11 by the Constitutional Bench, which had temporarily maintained the status quo regarding trade unions, will no longer remain in effect.
The Constitutional Bench, comprising Chief Justice Manoj Kumar Sharma and Justices Nahakul Subedi, Binod Sharma, Abdul Aziz Musalman, and Mahesh Sharma Paudel, denied the request for an interim order and directed the case to be scheduled for a full hearing.
The decision was made on the basis of majority opinion, with Chief Justice Sharma and Justices Binod Sharma and Abdul Aziz Musalman forming the majority.
In their order, the majority judges noted that the short-term interim order had initially been issued following a one-sided hearing.
"...Assigning employees associated with trade unions to their respective professional responsibilities according to their official posts does not appear to result in the eviction of the petitioners from any property other than government assets,” the order states. “It is appropriate to resolve issues such as the legal provisions for enforcing the constitutional right to labor, its scope, limits, and impact, as well as whether government administration falls under the definition of 'worker,' only after a full hearing and detailed discussion. Therefore, there is no need to continue the short-term interim order issued on May 11 by the Constitutional Bench of this court following a one-sided hearing."
Justices Nahakul Subedi and Mahesh Sharma Paudel, however, favored continuing the short-term interim order.
They argued that while the question of whether civil servants have the right to participate in trade unions according to the Constitution should be interpreted and analyzed during the final hearing, continuing the short-term interim order was appropriate at this stage in the interest of balance of convenience.
Because their view remained in the minority, the majority ruling will prevail and be implemented.
The Supreme Court has also ordered that two amicus curiae (friends of the court) each be nominated by the Nepal Bar Association and the Supreme Court Bar Association to assist during the full hearing. The court further directed that the case be given priority status.
The original short-term interim order had likewise been issued on the basis of a majority decision.
During the preliminary hearing on May 11, a Constitutional Bench led by then-acting chief justice Sapana Pradhan Malla had issued the temporary order, joined by Justices Kumar Regmi and Hari Prasad Phuyal.
"Considering the petitioners' claim and the arguments of learned legal practitioners that the matter concerns the right to form associations, establish trade unions, participate in them, and engage in collective bargaining under the right to freedom guaranteed by the Constitution, a short-term interim order is hereby issued to not implement Section 10 of the Ordinance to Amend Some Nepal Acts, 2026, for the time being," the order stated.
At the time, Justices Binod Sharma and Sharanga Subedi had expressed a dissenting opinion.
"An ordinance issued by the president is as valid as an act. The ordinance has been presented in the Federal Parliament, and the process of its acceptance or rejection by Parliament remains pending,” their opinion stated. “It is within judicial knowledge that a federal parliamentary session has been summoned starting today, and given that there is no indication of irreparable harm to the petitioners at this moment, it is appropriate to discuss the matter with both parties before deciding whether to halt the implementation of the amended provisions under the ordinance. Therefore, we agree with the majority’s opinion to issue a show-cause order and summon both parties for discussion."
The petition was filed by Bhawani Dahal on behalf of the central working committee of the Civil Servants' Organization after the government decided to dissolve various trade unions. The petitioners had requested an order to stay the implementation of that decision.
