| Case ID |
5127b8e1-99d1-4e7c-9463-02f9ccbeb3b1 |
| Body |
View case body. Login to View |
| Case Number |
D-6107 of 2020 |
| Decision Date |
Dec 07, 2021 |
| Hearing Date |
Sep 13, 2021 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by the petitioners, who were senior management members of K-Electric, challenging a show-cause notice issued under the Protection Against Harassment of Women at Workplace Act, 2010. The court found that the Act allows for complaints to be filed by women who have experienced harassment at the workplace, regardless of their employment status at the time of filing. The court noted that the complainant, an ex-employee, had adequately alleged incidents of harassment that occurred during her employment. The court concluded that there was no legal basis to dismiss the complaint solely on the grounds of the complainant's employment status at the time of filing, thereby upholding the jurisdiction of the Ombudsman to entertain the complaint. |
| Summary |
In this case before the Sindh High Court, the petitioners, senior management of K-Electric, contested a show-cause notice issued under the Protection Against Harassment of Women at Workplace Act, 2010. The complainant, a former employee, alleged harassment during her tenure at the company. The court found that the Act permits complaints from women regardless of their current employment status, emphasizing the need for a safe working environment. The decision clarified that harassment complaints could be validly filed post-employment if the alleged actions occurred during the employment period. The court ultimately upheld the validity of the complaint and dismissed the petitioners' challenge, reinforcing the provisions designed to protect women in the workplace. This case highlights the importance of addressing workplace harassment and the rights of women to seek justice, thereby contributing to a safer work environment for all employees. |
| Court |
Sindh High Court
|
| Entities Involved |
K-Electric (Private) Limited,
Ombudsman
|
| Judges |
Yousuf Ali Sayeed,
Muhammad Rizwan Dalia,
Raj Ali Wahid Kunwar
|
| Lawyers |
Abid S. Zuberi,
Abdul Jalil Zubedi,
Raj Ali Wahid Kunwar
|
| Petitioners |
3 Others,
Muhammad Rizwan Dalia
|
| Respondents |
Abid S. Zuberi,
Abdul Jalil Zubedi,
A.A.G.,
Raj Ali Wahid Kunwar
|
| Citations |
2022 SLD 822,
2022 PLD 213
|
| Other Citations |
Mazhar Hussain v. President of the Islamic Republic of Pakistan 2018 MLD 327
|
| Laws Involved |
Protection Against Harassment of Women at Workplace Act, 2010,
Constitution of Pakistan, 1962
|
| Sections |
8,
199
|