The National Commission for Industrial Relations of Pakistan (NIRC) sentenced three senior officials of Pakistan International Airlines (PIA) to six months in prison for the court to the court after having repeatedly challenged judicial orders, according to an official decision published on Thursday.
The commission also imposed a fine of 50,000 rupees on each official. The non-payment of the fine will result in an additional one month imprisonment sentence.
In a detailed verdict, the member of NIRC, Abdul Ghani Mengal, found the assistant CEO Khurram Mushtaq, the director of human resources Athar Hussain and the director general of Pia Balochistan, Sadiq Muhammad Lodhi, guilty of contempt. The court declared the three inadmissibles to employment or to future representation in any public, semi-government or government establishment.
The Commission also ordered an immediate suspension of the salaries of civil servants and financial privileges.
The decision stems from a petition filed by 17 PIA employees based in Balutchistan, requesting a permanent employment status under article 25 of Balutchistan Industrial Relations Act of 2010. Workers – employees as concierges and cleaners, argued that they had served the airline for periods ranging from two to twenty years without being regularized.
Their advocacy was initially rejected by the Labor Court, but then confirmed the Balutchistan labor court during a decision of March 24, 2012 which ordered their regularization. Pia challenged the decision before the high court of Balutchistan and subsequently before the Supreme Court, but the two calls were rejected.
Despite clear instructions from higher courts, the PIA failed to implement the decision. The commission noted that more than seven years had passed without compliance and that the airline not only ignored the decision but did not respond to the notices of contempt.
The court observed that if certain employees were finally regularized, the process has not taken into account the judicial instructions and omitted the payment of retrospective financial services.
“This action of contempt is not motivated by personal vendetta but is essential to maintain the confidence of the public and the dignity of the judiciary,” said the decision.
The court led the relevant police stations, the inspector of the police general in Balutchistan and Islamabad, and to the prisoner authorities to act immediately to the arrest and the imprisonment of sentenced officials. He also published an opinion at the Ministry of Defense to ensure compliance with the orders of the court.
In response, PIA officials announced its intention to challenge the decision of an appropriate forum, declaring that the verdict would be challenged in the light of the current privatization process and related administrative challenges.
