ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P.No.D-   3434   of   2017

DATE         ORDER WITH SIGNATURE OF JUDGE

13.06.2018.

Mr. Altaf Sachal Awan, Advocate for petitioner.

Mr. Suresh Kumar, Advocate for respondents No.7 and 8. 

Mr. Lutufullah Arain, D.A.G.

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          Through this petition, the petitioner has prayed for following relief(s):-

“A.    Direct the respondent No.4 to submit the rules and regulations of the Dawoo Express Bus Service regarding the employment and their facilities.

B.      To call report from the respondent No.3 and 4 regarding the duty timings of the bus drivers and other staff of the bus.

C.      Direct the respondent No.3 to conduct inquiry himself or any other officer regarding to harassment with the female staff of Dawoo Express Bus Service and submit detailed report before this Honourable Court.

D.      Direct the respondent No.7 and 8 not to create any kind of harassment to the petitioner nor to compel her resignation from the job.

E.      Direct the respondent No.4 and 5 to release the medical expenditures of the petitioner.     

F.       Any other relief(s), which this Honourable Court deems fit, just and proper in favour of the applicant.”

          While issuing notice in this matter, an objection was raised as to maintainability of instant petition. Today, we have confronted learned counsel for the petitioner as to how instant petition is maintainable in view of the facts that grievance of the petitioner is against a private party and appears to be outside the scope of Article 199 of the Constitution of Pakistan. Learned counsel submits that this court must carry out an inquiry as to how respondents No.4 to 8 have been granted permission to run the Bus service on Highways as they are causing harassment at work through respondents No.7 and 8.  

          We have heard learned counsel and perused the record.

          In our considered view the facts and the grievance of the petitioner as stated in the memo of petition is against a private party, whereas, the allegation is to the effect that some harassment was caused to the petitioner by respondents No.7 and 8 during her employment with Dawoo Pakistan Express Bus Service Limited. In our view, the petitioner has appropriate alternate remedy for approaching the Provincial Ombudsmen Sindh for the Protection against Harassment of Women at the Workplace, whereas, even otherwise, this court is not supposed to conduct inquiries in respect of the private dispute between the parties. Accordingly, instant petition being misconceived is hereby dismissed; however, the petitioner is at liberty to seek appropriate remedy in accordance with law.  

                                                                                      JUDGE

                                                          JUDGE

Tufail