Law: Protection Against Harassment of Women at Workplace Act, 2010

Section: 8,6

Law: Federal Ombudsmen Institutional Reform Act, 2013

Section: 18

Law: Constitution of Pakistan, 1973

Section: 199

(a) Protection Against Harassment of Women at the Workplace Act (IV of 2010)--- ----S.8---Ombudsperson to inquire into complaint---Preference of complaint either to the Ombudsperson or Inquiry Committee---Complaint before both forums---Scope assailed maintainability of complaint filed by respondent before the Federal Ombudsman for Protection Against Harassment at Workplace---Contention of petitioner was that the respondent had earlier preferred a complaint to the Inquiry Committee, which was withdrawn through a compromise agreement and that under S.8 of the Protection Against Harassment of Women at the Workplace Act, 2010, the respondent could either file a complaint before the Inquiry Committee or before the Federal Ombudsman and not before both the forums---Validity---Where a complainant was dissatisfied with the action or inaction of the Inquiry Committee or the Competent Authority, it was the Ombudsman that the complainant ought to approach for redressal of such grievance---Constitutional petition was dismissed with cost. S.M. Waseem Ashraf v. Federation of Pakistan 2013 SCMR 338 distinguished. Sardar Farooq Ahmed Khan Laghari s case PLD 1992 SC 57; District Bar Association s case PLD 2015 SC 401 and Chief Justice of Pakistan v. President of Pakistan PLD 2010 SC 61 ref. Saleem Baig Javed v. Federal Ombudsman and others PLD 2016 Lah. 433 rel. (b) Protection Against Harassment of Women at the Workplace Act (IV of 2010)--- ----S.6---Appeal---Scope---Intent of the legislature in promulgating the Protection Against Harassment of Women at the Workplace Act, 2010 is to provide a safe working environment to women to protect them against harassment and to provide an informal but efficacious remedy to have the complaints of harassment adjudicated before the Inquiry Committee or the Ombudsman at the option of the complainant---Section 6 of the Protection Against Harassment of Women at the Workplace Act, 2010, provides that any party aggrieved by the decision of the Competent Authority has a right to file an appeal before the Ombudsman. (c) Federal Ombudsman Institutional Reforms Act (XIV of 2013)--- ----S.18---Constitution of Pakistan, Art.199---Protection Against…

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