SHC suspends Moonis Alvi's removal in harassment case
The Sindh High Court (SHC) on Friday suspended the decision of the Provincial Ombudsperson that had ordered the removal of K-Electric Chief Executive Officer Moonis Alvi over allegations of workplace harassment.
The interim relief came during a hearing before a two-member bench headed by Justice Faisal Kamal Alam and comprising Justice Hassan Akbar. The court was hearing a petition filed by Alvi, challenging the ombudsperson's verdict delivered a day earlier.
Barrister Abid Zuberi, counsel for the petitioner, submitted that the provincial ombudsperson lacked jurisdiction in the matter, arguing that KE is an interprovincial entity and, therefore, falls under the purview of federal legislation.
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The court inquired about the legal flaws in the ombudsperson's ruling. Zuberi contended that the order to remove Alvi and impose a penalty of Rs2.5 million was issued without jurisdiction and in contravention of the relevant laws.
'The ombudsperson's office is not authorised to adjudicate such matters. In similar cases, jurisdiction has been found with the National Industrial Relations Commission (NIRC) or labour courts,' he argued.
He further pointed out that KE supplies electricity to areas beyond Sindh, including Lasbela and Hub, which categorises it as an interprovincial company. Therefore, the case should be dealt with by the Federal Ombudsperson.
The court, after hearing the arguments, suspended the removal order until the next hearing, scheduled for August 8. It directed Alvi to deposit the Rs2.5 million fine with the Nazir of the SHC. A request by the petitioner's counsel to reduce the amount was declined by the bench.
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Mahreen Aziz Khan, a former consultant at KE and the company's first female CxO, had filed a complaint under the Protection Against Harassment of Women at the Workplace Act, 2010, accusing CEO Moonis Alvi of harassment and creating a hostile work environment.
In his verdict, Sindh Ombudsman Justice (retd) Shahnawaz Tariq stated that Alvi had committed harassment, created a hostile environment, and caused mental agony at the workplace to the complainant and her team.
The ombudsman had ordered Alvi's removal from service under Section 4(ii)(d) of the Act and directed him to pay a fine of Rs2.5 million within one month.
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