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SHER BAHADAR vs PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN Ss — 2024 PLC(CS) 1006 ISLAMABAD

Case information

Citation
2024 PLC(CS) 1006 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PLC
Parties
SHER BAHADAR vs PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN Ss
Subject matter
Constitutional
Provisions referred to
S. 2

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SHER BAHADAR VS PRESIDENT ISLAMIC REPUBLIC OF PAKISTAN Ss. 2(h), 6 & 13---Protection against Harassment of Women at the Workplace (Filing and Disposal of Complaints) Rules, 2013, R.5(1)(a)---Gender-based discrimination---Determination---Petitioner / employee was aggrieved of acceptance of appeal filed by respondent / complainant for causing her harassment at work place---Validity---Respondent / complainant in her complaint did not allege gender-based discrimination against petitioner---Respondent / complainant did not allege that petitioner's refusal to issue NOC to respondent / complainant was simply because she happened to be a woman---at no material stage respondent / complainant applied to amend her complaint---What the Ombudsperson was required to do was to examine the contents of the complaint in order to determine whether it contained allegations of harassment, which squarely fell within the meaning of the word harassment as defined in S.2(h) of Protection against Harassment of Women at the Workplace act, 2010---If such threshold was not satisfied, the Ombudsperson had to reject the complaint without further ado---Purpose of recording of evidence was to prove specific allegation of harassment made in complaint but not to give an opportunity for making allegations not present in the complaint---High Court set aside order in question and remanded the matter to appellate forum for decision afresh---Constitutional petition was allowed, in circumstances.

Other judgments reported in 2024 PLC

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