Karachi:
Friday, the high court of the Sindh (SHC) suspended the decision of the provincial mediator who had ordered the abolition of the electrical director of K-Electric, Moonis Alvi, for allegations of harassment at the workplace.
Provisional compensation occurred during a hearing before a bench of two members led by Judge Faisal Kamal Alam and including judge Hassan Akbar. The court heard a petition tabled by Alvi, contesting the mediator’s verdict rendered the day earlier.
Barrister Abid Zuberi, lawyer for the petitioner, argued that the provincial mediator did not have jurisdiction in the issue, arguing that KE is an interprintable entity and, consequently, is federal legislation.
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The court inquired about the legal defects of the mediator’s decision. Zuberi argued that the order to remove the Alvi and impose a penalty of 2.5 million rupees had been issued without competence and in violation of relevant laws.
“The mediator’s office is not authorized to judge such questions. In similar cases, the jurisdiction was found with the National Commission for Industrial Relations (NIRC) or the courts of work,” he said.
He also pointed out that KE provides electricity in areas beyond the Sindh, notably Lasbela and Hub, which classifies it as an interprovincial company. Consequently, the case should be treated by the federal mediator.
The court, after hearing the arguments, suspended the referral order until the next hearing, scheduled for August 8. He ordered Alvi to deposit a fine of 2.5 million rupees with the Nazir of the SHC. A request from the petitioner’s lawyer to reduce the amount was refused by the bench.
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Mahreen Aziz Khan, former consultant at KE and the first woman in the company’s CXO, had filed a complaint under the protection against the harassment of women to the 2010 law on 2010 labor, accusing the CEO Moonis Alvi of harassment and creation of a hostile work environment.
In his verdict, the judge of the Sindh Ombudsman (RETD) Shahnawaz Tariq said that Alvi had committed harassment, created a hostile environment and caused mental agony at the complainant’s workplace and his team.
The mediator had ordered the withdrawal of Alvi from service under article 4 (ii) (d) (d) of the law and ordered him to pay a fine of 2.5 million rupees within one month.
