Karachi:
Sindh High Court (SHC) on Friday suspended the decision of the provincial ombuds person who had ordered the removal of K-electric Chief Executive Officer Moonis Alvi on accusations of harassment in the workplace.
The temporary relief came during a hearing before a two-member bench led by Justice Faisal Kamal Alam and consisted of Justice Hassan Akbar. The court heard a petition filed by Alvi and challenged the Ombuds person’s judgment a day earlier.
Barrister Abid Zuberi, adviser to the petitioner, claimed that the provincial ombuds person lacked jurisdiction in the case and argued that KE is an interprovinsial entity and therefore falls into the dissemination of federal legislation.
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The court asked about the legal deficiencies in the Ombuds person’s decision. Zuberi claimed that the order to remove ALVI and impose a penalty of RS2.5 million was issued without jurisdiction and contrary to the relevant laws.
“The Ombuds Person’s office is not authorized to judge such questions. In similar cases, jurisdiction has been found at the National Industrial Relations Commission (NIRC) or Labor Courts,” he argued.
He also pointed out that KE delivers electricity to areas beyond Sindh, including Lasbela and Hub, which categorizes it as an Interprovinsial Company. Therefore, the case should be dealt with by the federal ombuds person.
The court after hearing the arguments suspended the removal order until the next hearing scheduled for August 8th. It ordered Alvi to deposit the RS2.5 million fine with SHC’s Nazir. A request from the petitioner’s lawyer to reduce the amount was rejected by the bench.
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Mahreen Aziz Khan, a former consultant at KE and the company’s first female CXO, had filed a complaint under protection against the harassment of women in the workplace, 2010, who accused CEO Moonis Alvi of harassment and created a hostile working environment.
In his verdict, Sindh Ombudsman Justice (Retd) Shahnawaz Tariq said Alvi had committed harassment, created a hostile environment and caused mental pain in the workplace to the complainant and her team.
The Ombudsman had ordered ALVI’s removal from service under section 4 (ii) (d) (d) and instructed him to pay a fine of RS2.5 million within one month.
