The Super Court of Sindh (SHC) on Friday suspended an order from the Provincial People’s defender for protection of women who eliminate the executive director of K-Electric (KE) Moonis Alvi of his position on the accusations of sexual harassment.
A previous day, the Ombudsman ordered the elimination of the CEO of Ke Alvi after finding him guilty of harassment in the workplace.
Alvi, together with other KE employees, was accused of harassment in the workplace by former marketing and communication director of the company, Mahreen Aziz Khan, read the order issued by the retired judge from the defender of the provincial people Shahnawaz Tariq.
According to an Alvi petition presented with the SHC today, available with Dawn.com – His lawyers argued that Khan has not leveled any accusation of “harassment of a sexual or physical nature” before the Ombudsman, nor has he presented any evidence of gender discrimination within Ke.
“There was no accusation that the petitioner, being in a position of authority, looked for any sexual favor, nor was any discrimination based on gender or could be done since several women occupy high -level positions within the organization,” reads the request.
“In the circumstances, the findings in the contested order are weak, not sustainable and completely disproportionate. It was not alleged or demonstrated a hostile work environment as a result of gender -based discrimination or as a result of harassment.”
The plea also pointed out: “The wise defender of the provincial people had no jurisdiction on the affairs of a transprovincial organization such as Ke and, therefore, did not have jurisdiction to be aware of a complaint filed by a former employee.”
In a court order issued today and seen by Dawn.comThe SHC said that, according to the petitioner, KE was a “transprovincial entity/establishment” and the provincial people’s defender had no jurisdiction to act on complaints, which in its place should be addressed by the federal defender of the people.
The order said that the “statement raised requires consideration” and said that notices will be issued to respondents, as well as the general lawyer of Sindh and the attached general lawyer for August 8.
“Until the next audience date, [the] The operation of the contested decision will remain suspended, ”reads the order. However, he ordered Alvi to deposit the fine of RS2.5 million with the Nazir of the court.
In his application, Khan had accused Alvi, the director of people of KE, Rizwan Dallia, the head of retired colonel Wahid Asghar and a member of the Board of Directors and president of the Khalid Rafi Human Resources Committee, of “causing harassment, intimidation and mental agony.”
The Order of the Ombudsman said that Alvi had “committed harassment, created a hostile atmosphere and caused mental agony in the workplace to [Khan] and his team ”.
Consequently, Alvi was penalized under section 4 (4) (ii) (c) of the protection against the harassment of women in the Law of the Labor Place, 2010, and ordered that it was eliminated from their service instantly, together with a penalty of RS2.5 million, which would be paid to Khan as compensation within 30 days of the approval of the order.
