The Sindh High Court (SHC) on Friday suspended an order by the provincial ombudsman for protection against harassment of women removing K-Electric (KE) Chief Executive Officer Moonis Alvi from his position over allegations of sexual harassment.
A day prior, the ombudsman ordered the removal of KE CEO Alvi after finding him guilty of workplace harassment.
Alvi, along with other KE employees, was accused of workplace harassment by the company’s former chief marketing and communication officer, Mahreen Aziz Khan, read the order issued by provincial ombudsman retired Justice Shahnawaz Tariq.
According to a petition Alvi filed with the SHC today — available with Dawn.com — his lawyers argued that Khan has neither levelled any allegations of “harassment of a sexual or physical nature” before the ombudsman, nor presented any evidence of gender discrimination within KE.
“There was no allegation that the petitioner, being in a position of authority, sought out any sexual favour, nor any gender based discrimination was alleged or could be made out as several women are holding high-level positions within the organisation,” the petition read.
“In the circumstances, the findings in the impugned order are flimsy, not sustainable and completely disproportionate. No hostile work environment was alleged or proved as a result of gender based discrimination nor as a result of harassment.”
The plea also noted: “The learned provincial ombudsman did not have jurisdiction over the affairs of a trans-provincial organisation such as KE and so also did not have jurisdiction to take cognisance on a complaint filed by an ex-employee.”
In a court order issued today and seen by Dawn.com, the SHC said that as per the petitioner, KE was a “trans-provincial entity/establishment” and the provincial ombudsman had no jurisdiction to act upon the complaints, which should instead be addressed by the federal ombudsman.
The order said the “contention raised requires consideration” and said that notices be issued to the respondents, as well as the Sindh advocate general and deputy advocate general for August 8.
“Till the next date of hearing, [the] operation of the impugned decision will remain suspended,” the order read. It, however, ordered Alvi to deposit the Rs2.5 million penalty with the court’s nazir.
In her application, Khan had accused Alvi, KE Chief People Officer Rizwan Dallia, Chief of Security retired Colonel Wahid Asghar and Member of the Board of Directors and Chairman Board HR Committee Khalid Rafi, of “causing harassment, intimidation and mental agony”.
The ombudsman’s order said that Alvi had “committed harassment, created a hostile environment and caused mental agony at the workplace to [Khan] and her team”.
Consequently, Alvi was penalised under Section 4(4)(ii)(c) of the Protection against Harassment of Women at the Workplace Act, 2010, and ordered removed from his service instantly, along with a penalty of Rs2.5 million, which would be paid to Khan as compensation within 30 days of the order being passed.