| Citation(s) |
|---|
| 2019 SLG 365 2019 SLD 365 2019 PLJ 71 |
Lahore High Court
W.P. No. 71556 of 2017, hearing Dated: 06.09.2018.
MRS. AYESHA A. MALIK, JUSTICE MUZAMIL AKHTAR SHABBIR, JUSTICE
Petitioner(s) by: Mr. Farooq Zaman Qureshi and Mr. Riaz Hussain Haleem, Advocates (in WP No. Mr. Parvez I. Mir, Advocate (in WP Nos.54146 and 60723 of 2017).
Respondent(s) by: Mr. Nasar Ahmad, DAG along with Naveed Ahmad Goraya, Senior Law Officer
W.P. No. 71556 of 2017, hearing Dated: 06.09.2018.
MRS. AYESHA A. MALIK, JUSTICE MUZAMIL AKHTAR SHABBIR, JUSTICE
Petitioner(s) by: Mr. Farooq Zaman Qureshi and Mr. Riaz Hussain Haleem, Advocates (in WP No. Mr. Parvez I. Mir, Advocate (in WP Nos.54146 and 60723 of 2017).
Respondent(s) by: Mr. Nasar Ahmad, DAG along with Naveed Ahmad Goraya, Senior Law Officer
IMRAN MAQBOOL, PRESIDENT, MCB BANK LIMITED
VS
FEDERATION OF PAKISTAN THROUGH SECRETARY LAW, JUSTICE AND HUMAN RIGHTS DIVISION, ISLAMABAD ETC.
Law: Constitution of Pakistan, 1973
Section: 199
Law: Pakistan Penal Code, 1860
Section: 509
Law: Protection Against Harassment of Women At The Workplace Act, 2010
Section: 2(h)
Constitution of Pakistan, 1973-- ----Art. 199--Constitutional petition--Protection Against Harassment of Women at Workplace Act, (IV of 2010), S. 2(h)--Harassment of women at work place--Jurisdiction of Federal and Provincial ombudsman--Challenge to--Question of--Whether provincial ombudsman has concurrent jurisdiction with Federal ombudsman on account of woman harassment at work place--Determination--Provincial Ombudsman was competent to hear complaint--Opinion of Court is that Federal Ombudsman exercises jurisdiction only to extent of federal capital area and jurisdiction in all other situations vests with Provincial Ombudsman--Court concluded that federal law lost its federal character and stands converted into a provincial law after 18th Amendment--Jurisdiction of Federal Ombudsman is not limited to federal capital area, rather Federal Ombudsman has jurisdiction in relation to all employers, organizations, institutions and workplaces which have a federal character or are established under a federal law or are directly consequent to an international obligation under an international treaty or convention--Federal Ombudsman jurisdiction cannot be limited to federal capital area and can be exercised all over Pakistan over a federal employer, institution, organization or workplace--If employer or organization and its workplace falls strictly within territorial boundaries of Provincial Ombudsman, then jurisdiction vests with Provincial Ombudsman and where employer or organization transcends provincial boundaries such as in this case then jurisdiction vests with Federal Ombudsman--To clarify we add that for reasons stated herein we disagree with findings in Salim Javed Case that Federal Ombudsman jurisdiction is limited to federal capital area as Federal Ombudsman is competent to hear complaints related to trans-provincial organizations, institutions, employers and workplace--Federal Ombudsman (Justice (R) Yasmin Abbasey) showed no regard whatsoever to orders of this Court--Under circumstances all orders passed including final order are illegal and void, hence set aside. Universal Declaration of Human Rights-- ----Article 23 of UDHR declares right to work and…
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