Lahore High Court set aside Federal Ombudsman ruling related to workplace harassment.











لاہور ہائی کورٹ میں آئین پاکستان کے آرٹیکل 199 کے تحت دائر درخواست کے بارے میں وفاقی محتسب کی جانب سے کام کی جگہ پر ہراساں کرنے کے حکم کو چیلنج کیا گیا تھا۔ فیصلے کے اہم نکات کا خلاصہ یہ ہے:

1. **پس منظر**: درخواست گزار طارق شیخ نے لاہور یونیورسٹی آف مینجمنٹ سائنسز (LUMS) میں ناروا سلوک کے الزامات سے متعلق وفاقی محتسب کے حکم کو چیلنج کیا۔

2. **عدالتی مسئلہ**: بنیادی مسئلہ یہ تھا کہ کیا وفاقی محتسب کے پاس اس معاملے پر دائرہ اختیار ہے، یہ دیکھتے ہوئے کہ LUMS بنیادی طور پر پنجاب کی علاقائی حدود میں واقع ہے، نہ کہ ایک بین الصوبائی تنظیم۔

3. **قانونی دلائل**:
 - درخواست گزار نے دلیل دی کہ وفاقی محتسب کے دائرہ اختیار کا فقدان ہے کیونکہ واقعات پنجاب کے اندر ہوئے اور اس میں صوبائی قانون سازی شامل ہے۔
 - انہوں نے پچھلے فیصلوں کا حوالہ دیا جس پر زور دیا گیا کہ صوبائی قوانین (جیسے پنجاب ایکٹ آن ہراسمنٹ) لاگو ہوتے ہیں جب تک کہ یہ تنظیم صوبوں میں کام نہ کرے۔

4. **عدالت کا فیصلہ**:
 - لاہور ہائی کورٹ نے فیصلہ دیا کہ LUMS، اگرچہ وفاقی قانون کے تحت قائم کیا گیا ہے، پنجاب کے اندر کام کرتا ہے اور اس لیے پنجاب ایکٹ کے مطابق صوبائی محتسب کے دائرہ اختیار میں آتا ہے۔
 - عدالت نے وفاقی محتسب کے حکم کو قانونی اختیار کے بغیر قرار دیا اور اسے ایک طرف رکھ دیا، شکایت کنندہ کو مشورہ دیا کہ اگر وہ چاہے تو صوبائی محتسب سے رجوع کرے۔

5. **نتیجہ**: فیصلے نے یہ نتیجہ اخذ کیا کہ وفاقی محتسب کے پاس اس معاملے میں دائرہ اختیار نہیں ہے، اس بات کی اہمیت پر زور دیتے ہوئے کہ ادارہ بنیادی طور پر اس بات کا تعین کرنے میں کہاں کام کرتا ہے کہ محتسب کے پاس کون سا دائرہ اختیار ہے۔

یہ خلاصہ پاکستانی قانون کے تحت کام کی جگہ پر ہراساں کرنے کے کیسوں سے نمٹنے میں وفاقی اور صوبائی اداروں کے درمیان دائرہ اختیار کے تنازعہ پر توجہ مرکوز کرتے ہوئے فیصلے کے نچوڑ کو حاصل کرتا ہے۔



 Lahore High Court regarding a petition filed under Article 199 of the Constitution of Pakistan, challenging an order by the Federal Ombudsman related to workplace harassment. Here's a summary of the key points from the judgment:

1. **Background**: The petitioner, Tariq Sheikh, challenged an order by the Federal Ombudsman regarding allegations of misogynistic behavior at Lahore University of Management Sciences (LUMS).

2. **Jurisdictional Issue**: The core issue was whether the Federal Ombudsman had jurisdiction over the matter, given that LUMS is primarily located within the territorial boundaries of Punjab, not a trans-provincial organization.

3. **Legal Arguments**: 
   - The petitioner argued that the Federal Ombudsman lacked jurisdiction because the incidents occurred within Punjab and involved provincial legislation.
   - They cited previous judgments emphasizing that provincial enactments (like the Punjab Act on harassment) apply unless the organization operates across provinces.

4. **Court's Decision**: 
   - The Lahore High Court ruled that LUMS, although established under federal law, operates within Punjab and therefore falls under the jurisdiction of the Provincial Ombudsperson as per the Punjab Act.
   - The court declared the Federal Ombudsman's order as without lawful authority and set it aside, suggesting the complainant approach the Provincial Ombudsperson if desired.

5. **Conclusion**: The judgment concluded that the Federal Ombudsman did not have jurisdiction in this case, emphasizing the importance of where the organization primarily operates in determining which Ombudsperson has jurisdiction.

This summary captures the essence of the judgment, focusing on the jurisdictional dispute between federal and provincial bodies in handling workplace harassment cases under Pakistani law.


tereo. H C J D A 38.
Judgment Sheet
LAHORE HIGH COURT, LAHORE
JUDICIAL DEPARTMENT
W.P No.47872/2022
Tariq Sheikh
 Vs.
Federal Ombudsman etc.
J U D G M E N T
Date of Hearing 20.05.2024
Petitioner by:
M/s Waleed Iqbal, Wasif Majeed and 
Faisal Mehmood, Advocates
Respondent 
No.1 by:
Mr. Mohsin Raza Bhatti, Assistant 
Attorney General 
Respondent 
No.2 by:
Hafiz Rehman Aziz, Mr. Bakhtiar Hyder 
Khan and Barrister Jannat Ali Kalyar, 
Advocates
On Court’s Call: Ms. Shaharbano Raza, Team Leader,
Gender and Inclusion, LUMS.
 Anwaar Hussain J. Through the present constitutional 
petition, under Article 199 of the Constitution of Islamic Republic of 
Pakistan, 1973 (“the Constitution”), challenge has been laid to order 
dated 18.07.2022, passed by respondent No.1/Federal Ombudsman for 
protection against harassment of women at the workplace, Islamabad 
(“the Federal Ombudsman”), on the complaint of respondent No.2 
(“the respondent”).
2.
By way of factual background, it has been noted that on 
23.01.2021, the respondent filed a complaint with the Human 
Resource Grievance Committee (“HR Committee”) of the Lahore 
University of Management Sciences (“LUMS”) against the petitioner,
alleging misogynistic behavior based on two sets of incidents that 
allegedly took place on 01.01.2021 and 04.01.2021. The incidents 
involved conversations between the petitioner and the respondent 
relating to SOPs for Covid handling at LUMS, which conversations 
W.P No.47872/2022
turned into a heated exchange on account of respondent’s rigid 
position. The respondent alleged such behavior (of the petitioner) to 
be misogynistic, whereas, the petitioner asserted that it was a mere 
spontaneous heated conversation between the two colleagues. The HR 
Committee recorded the statements of the parties and examined 
various witnesses, and after a detailed inquiry gave its findings, vide
report dated 30.03.2021, whereby, inter alia, it reached the conclusion 
that the allegation of misogynistic behaviour against the petitioner 
was not proved. The respondent preferred appeal in accordance with 
the LUMS’ Policy on the harassment; however, later on, she 
withdrew/abandoned her appeal. Thereafter, the respondent filed a 
complaint on the same cause of action with the LUMS’ Sexual 
Harassment Committee (“the Harassment Committee”). The 
Harassment Committee concluded its proceedings, vide its report 
dated 03.06.2021, on the basis of the respondent’s unequivocal 
admission before the Harassment Committee that her complaint did 
not allege sexual harassment against the petitioner, therefore, the 
Harassment Committee had no jurisdiction to hear the complaint. The 
findings of the Harassment Committee were not further challenged
before any forum. The respondent after the findings given by the 
aforesaid Committees filed a civil suit for recovery of damages before 
the Civil Court at Lahore on the basis of the same cause of action. In 
the meanwhile, the respondent filed yet another complaint with the 
Federal Ombudsman in June 2022, under Protection against 
Harassment of Women at the Workplace Act, 2010 (“the Federal 
Act”), which is the subject matter of the present petition. The 
respondent based the subject matter complaint on the basis of sexist 
harassment (remarks) that has been brought within the ambit of the 
term “harassment” through the 2022 Amendment Act1
that came into 
force on 25.01.2022. The Federal Ombudsman issued notice to the 
 
1
See “The Protection against Harassment of Women at the Workplace (Amendment) Act, 2022”
came into force on 25.01.2022 whereby sub-Clause (ii), Clause (h) of Section 2 has been inserted.
W.P No.47872/2022
petitioner who appeared and filed an application/objection petition 
seeking dismissal of the complaint, inter alia, on the ground that the 
Federal Ombudsman lacks jurisdiction to entertain the complaint. The 
respondent submitted her reply to the aforesaid application/objection 
petition. The Federal Ombudsman, vide impugned order dated 
18.07.2022 dismissed the jurisdictional objections raised by the 
petitioner, hence, this constitutional petition. 
3.
Learned counsel for the petitioner submit that the present case 
is a classic example of wrongful assumption of jurisdiction inasmuch 
as the present petitioner and the respondent worked for LUMS, which 
is not a trans-provincial organization, hence, the Federal Ombudsman
has no jurisdiction to entertain the matter, under the Federal Act. Add 
that even the subject matter jurisdiction did not vest with the Federal 
Ombudsman, inasmuch as the complaint pertains to ‘sexist 
harassment (remarks)’ and not ‘sexual harassment’, and the former 
form of harassment was not included in the definition of harassment 
until 25.01.2022, whereas the alleged incidents of harassment took 
place in January 2021 and the respondent availed remedy before the 
Harassment Committee and the finding thereof was never challenged
and the same has attained finality. Further contend that even if the 
matter has not attained finality, the jurisdiction vests with the 
Provincial Ombudsperson, under the Protection against Harassment of 
Women at the Workplace Act, 2010 (“the Punjab Act”). Placed
reliance on the judgment of the Supreme Court of Pakistan in the case 
titled “Nadia Naz v. The President of Islamic Republic of Pakistan 
and others”2, in support of their contentions. 
4.
Conversely, learned counsel for the respondent alongwith 
learned Law Officer have raised preliminary objection on the ground
that present petition is directed against an interlocutory order and 
 
2
PLD 2021 SC 784
W.P No.47872/2022
therefore, not maintainable. They further contend that LUMS has 
federal character since it is created by a Federal Statute and the 
President of Pakistan is its Chancellor, therefore, the jurisdiction has 
been rightly exercised. Add that the LUMS’ policy itself refers to the 
Federal Act for the purpose of jurisdiction, therefore, the petitioner 
cannot assert that it is the Provincial Ombudsperson who has the 
jurisdiction under the Punjab Act.
5.
In rebuttal, learned counsel for the petitioner submit that the 
policy of LUMS has been changed and the anomaly has been removed 
and it is the Provincial Ombudsperson, under the Punjab Act, which 
has the jurisdiction and not the Federal Ombudsman.
6.
Arguments heard. Record perused.
7.
The legal question before this Court is to determine whether the
fact that an organization-LUMS in the present case, has been 
established under the federal charter will, ipso facto, render it 
amenable to the jurisdiction of the Federal Ombudsman, under the 
Federal Act?
8.
Before proceeding further, it will be appropriate to address the 
preliminary objection raised by learned counsel for the respondent 
regarding the maintainability of the present petition on the ground that 
order impugned herein is interlocutory in nature. It is trite law that the 
principle of non-interference, by this Court, in interlocutory orders of 
the fora below is a matter of rule and refusal is an exception, however, 
when the orders passed by the Courts below are based on erroneous 
exercise of jurisdiction, this Court has supervisory jurisdiction to 
correct the same. 
9.
Adverting to the legal question involved, it will be 
advantageous to browse the case law relating to the operational 
contours of the two statues i.e., the Federal Act and the Punjab Act as 

W.P No.47872/2022
the question whether the Federal Ombudsman, can assume 
jurisdiction over the complaint in which the cause of action arose in
provincial territory-the Province of Punjab or whether, in such like 
matters, the jurisdiction vests with the Provincial Ombudsperson,
under the Punjab Act, has already been subject matter of few leading 
cases.
10. In case reported as “Salim Javed Baig and others v. Federal 
Ombudsman and others”3
, this Court held that the jurisdiction in such 
cases lies with the Provincial Ombudsperson as the subject of 
harassment against women had been devolved onto the provincial 
legislature, while considering that the subject matter of harassment 
against women was covered under Item No.25 of the Concurrent 
Legislative List, being Population, Planning and Social Welfare, 
which stood abolished, through the Eighteenth Amendment, on 
20.04.2010, and all areas provided for under the abolished Concurrent 
Legislative List devolved on to the provinces and therefore, 
jurisdiction vests with the Provincial Ombudsperson and Federal 
Ombudsman can only exercise the jurisdiction to the extent of the 
Federal Capital Territory. The judgment of this Court in Salim Javed 
Baig case supra was relied upon by the Sindh High Court in case 
reported as “SZABIST (Shaheed Zulfiqar Ali Bhutto Institute of 
Science and Technology) through Authorized Representative vs 
Federal Ombudsman/Ombudsperson through Registrar and 3 
others”4
to hold that the act of the Federal Ombudsman to assume 
jurisdiction in relation to a matter that fell within the domain of the 
Provincial Ombudsperson for Protection against Harassment of 
Women at workplace, at Karachi, was devoid of any legal 
authority. 
 
3
PLD 2016 Lahore 433
4
PLD 2018 Sindh 581
W.P No.47872/2022
The Islamabad High Court5
also followed the ratio decidendi laid 
down in case of Salim Javed Baig supra. However, in case of “Imran 
Maqbool, President, MCB Bank Limited Versus Federation of 
Pakistan through Secretary Law, Justice and Human Rights Division, 
Islamabad etc.”,6
a learned Division Bench of this Court held as 
under:
“10…….. Therefore the subject of harassment at the 
workplace being a crime under the PPC means that 
Parliament and the Provinces both are competent to 
make laws with respect to the crime, procedure or 
evidence. Hence we find that the subject of protection 
of women from harassment does not fall under 
‘population, planning and welfare’ of the CLL, rather it 
falls under the federal domain consequent to its 
international obligations and to the extent that the 
subject relates to criminal law.”
11. Learned Division Bench of this Court, in case of Imran 
Maqbool supra, was not persuaded with the reasoning of case of 
Salim Javed Baig supra, inter alia, for the reasons that the 
harassment, in any form, is a behavioral issue that adversely affects 
the work environment and State is obligated to extend protection to 
the women in the light of its obligations under the International 
Conventions7, as Pakistan has ratified these treaties, and the Federal 
Act was promulgated pursuant to said obligations under the 
international treaties and conventions, and the subject matter of 
protection of the workplace for women falls under Item 3 read with 
Item 32 of the Federal Legislative List of the Constitution, which 
includes implementing international treaties and conventions. 
12. It is worth mentioning that the learned Division Bench in case 
of Imran Maqbool supra also did not overrule the Salim Javed Baig 
supra, rather, merely disagreed with the underlying reasoning of 
 
5 “Jubilee Life Insurance Company Limited Vs The Federal Government through Secretary Law, etc.” 
[2021 PLC(CS)1563].
6
PLD 2019 Lahore 17
7
Universal Declaration of Human Rights; Convention on the Elimination of all forms of 
Discrimination Against Women, the International Labour Organization Convention 100; and the 
Convention for Equal Remuneration for Men and Women for Work and Convention 111
W.P No.47872/2022
Salim Javed Baig case supra to the extent of the latter stipulating the 
subject having been devolved and the Federal Act being confined only 
to the capital/federal territory. In addition, in case of Imran Maqbool
supra, it was also observed that the issue of trans-provincial 
organization was not taken into consideration by the learned Single 
Bench of this Court in case of Salim Javed Baig supra and while 
relying upon the dicta laid down in case reported as “Messrs Sui 
Southern Gas Company Ltd. and others v. Federation of Pakistan and 
others”8
, the learned Division Bench held that the jurisdiction lies 
with the Federal Ombudsman in cases where the work place falls 
under the purview of a trans-provincial organization-an organization 
that transcends the provincial boundaries and operate in more than one 
province. Learned Division Bench concluded as under:
“12. ....Under the circumstances, we hold that if the 
employer or organization and its workplace falls 
strictly within the territorial boundaries of the 
Provincial Ombudsman, then jurisdiction vests with the 
Provincial Ombudsman and where the employer or 
organization transcends provincial boundaries such as 
in this case then jurisdiction vests with the Federal 
Ombudsman. To clarify we add that for the reasons 
stated herein we disagree with the findings in the Salim 
Javed Case that the Federal Ombudsman jurisdiction is 
limited to the federal capital area as the Federal 
Ombudsman is competent to hear complaints related to 
trans-provincial organizations, institutions, employers 
and workplace.”
It is imperative to note that at the time case of Salim Javed Baig supra
was decided, the judgment in case of Sui Southern Gas Company
supra had not been rendered. Sui Southern Gas Company case 
supra explicated that in respect of organizations and establishments 
that transcend the provincial territorial boundaries, the Labour 
Courts had no authority or jurisdiction to deal with the 
respective disputes involving such organizations and their employees.
 
8
2018 SCMR 802
W.P No.47872/2022
The said principle enunciated in case of Sui Southern Gas Company
supra was stretched and applied, on analogical basis, to the 
harassment laws by holding that the organizations traversing beyond 
the provincial confines is subject to applicability of Federal Act and 
not the provincial enactment(s). Moreover, the Imran Maqbool case,
supra, further explicated the harassment laws by considering the 
nature of both the statutes as criminal, and held that both the Federal 
and provincial legislature can legislate with regard to criminal law in 
terms of Article 142(b) of the Constitution. 
13. Having analyzed the jurisprudence developed so far on the 
subject, I would proceed to determine the present controversy in the 
light of the settled law that a provincial enactment is applicable within 
the provincial territory whereas the applicability of the Federal Act 
comes into play when the issue involves the Federal Territory and/or 
such organizations which transcend the provincial boundaries. Insofar 
as status of LUMS is concerned, argument of learned counsel for the 
respondent that LUMS is a federal institution as the President of 
Pakistan is its Chancellor and it is the Federal Ombudsman that has 
the jurisdiction is misconceived. The Federal Government had no 
direct financial and administrative control over LUMS. The Board of 
Trustees who had to run the affairs of LUMS are not consisted of any 
government officials or its nominees and the President of Pakistan is 
only its ceremonial head. 
14. Even otherwise, perusal of Section 2(l) of the Punjab Act 
amply reveals that neither the applicability of the Punjab Act nor that 
of the Federal Act has been curtailed on the ground that an 
organization and/or establishment has been set up under the Federal 
statute or vice versa. Rather, the Punjab Act is fully applicable to the 
organization managed and established by the Federal Government.
Section 2(l) of the Punjab Act reads as under:
W.P No.47872/2022
“(l) “organization” means a Federal or Provincial 
Government Ministry, Division or department, a 
corporation or any autonomous or semiautonomous 
body, Educational Institutes, Medical facilities 
established or controlled by the Federal or Provincial 
Government or District Government or registered civil 
society associations or privately managed a 
commercial or an industrial establishment or 
institution, a company as defined in the Companies 
Ordinance, 1984 (XLVII of 1984) and includes any 
other registered private sector organization or 
institution;”
(Emphasis supplied)
The definition of the term ‘organization’ under the Punjab Act is 
unequivocal. Section 2(l) clearly envisages a Federal Division and/or 
Department as also any institution, inter alia, educational, established 
by the Federal Government to be an organization for the purpose of 
the Punjab Act. LUMS is an educational institution, covered under the 
definition of the term “organization”, under the Punjab Act. The fact 
that an institution was established by the Federal Government and/or 
has a federal character is not the litmus test to draw the conclusion 
that only Federal Act is applicable in cases of harassment of women at 
workplace. Similarly, ratio decidendi laid down in case of Imran
Maqbool supra is clear i.e., unless an organization transcends the 
provincial boundaries, jurisdiction of the Provincial Ombudsperson
for protection of woman against harassment at workplace is not ousted 
and no incident to trigger the assumption of jurisdiction by Federal 
Ombudsman takes place. Having the said legal position in sight, in 
present case, it is imperative to, inter alia, look at the character of the 
organization, its territorial location. No doubt that LUMS was granted 
the charter by the Federal Government, however, the charter reads as 
under:
“3. Establishment and Incorporation of the 
University:-

W.P No.47872/2022
(1)There shall be established at Lahore a University 
to be called the Lahore University of Management 
Sciences consisting of:-”
(Emphasis supplied)
It is amply clear that LUMS, under the basic law as well as its charter, 
has been localized within the Province of Punjab (at Lahore). While 
the respondent side has laid emphasis on the charter of LUMS-being 
federal to contend that the Federal Act is applicable, they are 
oblivious of the fact that the geographical jurisdiction of the 
organization created under the charter is to be determined under the 
same charter/law that establishes the said organization and 
helps determine whether the organization falls within the territorial 
jurisdiction of a particular judicial forum. Thus, reliance on case of 
Imran Maqbool supra, for the purpose of assumption of jurisdiction,
by Federal Ombudsman is misconceived. This Court holds that for the 
purpose of determining as to which of the two Ombudsmen (Federal 
or Provincial) in relation to protection of the Women from harassment 
at workplace has the jurisdiction in respect of harassment caused by or 
to the employee of an organization, the charter alone could not be 
made basis of such determination, more particularly, if the place of 
business, operations and activities of the organization were ‘localized’
in a particular province and/or city. Suffice to observe that the 
representative of LUMS was also heard who has submitted the copy 
of LUMS Sexual Harassment Policy, 2021, which defines the term 
Ombudsperson in the following manner: 
“XIV. “Ombudsperson” means the office of the 
Ombudsperson, Government of Punjab provided for by 
the 2010 Act.”
It is amply clear that the LUMS, realizing its localized operations (at 
Lahore, Punjab) amended its policy and reference has been made to 
the Ombudsperson, Punjab. Thus, the argument of the respondent side 
W.P No.47872/2022
that the organizational policy refers to Federal Act is devoid of merit. 
Even otherwise, the organizational policy or any reference therein to 
any specific Ombudsman could not have overridden the legislative
instrument and legal position. 
15. In view of the preceding discussion, it is concluded that the 
complaint filed by the respondent against the petitioner was not 
maintainable before the Federal Ombudsman who had no jurisdiction 
to entertain and hear the same. The jurisdiction lies with the 
Provincial Ombudsperson, under the Punjab Act. The impugned order
dated 18.07.2022 alongwith all the prior orders assuming jurisdiction 
in the matter are hereby declared to be without lawful authority and, 
therefore, set aside. The complaint of the respondent shall be deemed 
to have been returned to her, who may file the same before the 
Provincial Ombudsperson, if so advised. Having opined that the 
Federal Ombudsman had no jurisdiction to entertain the complaint of 
the respondent, other grounds agitated by the petitioner on merits of 
the case need not be gone into or commented upon lest it may 
prejudice the case of either side, before the competent forum.
16. Allowed in above terms.
(ANWAAR HUSSAIN)
 JUDGE
Approved for reporting 
 Judge
Announced in open court on 21.06.2024

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