KARACHI: The Sindh High Court on Tuesday issued notices to the ministry of industries and production, management of Pakistan Steel Mills and others on a petition against retrenchment of PSM workers.

A two-judge bench headed by Justice Mohammad Shafi Siddiqui observed that it was to be decided whether the respondents had acted under the law while issuing retrenchment letters to the petitioners or under a policy decision and whether they had an adequate and efficacious remedy under the labour laws or otherwise.

“Subject to the maintainability of the petition, issue notice to the respondents as well as deputy attorney general for a date to be fixed by the office in the third week of this month,” it added. During the arguments, the petitioners’ lawyer informed the bench that the issue of retrenchment of his clients was not before the Supreme Court.

SHC will hear arguments later this month on maintainability of steel mills employees’ petition

Several sacked employees of PSM moved the SHC and their counsel contended that the impugned retrenchment letters, issued on Nov 17 by the management, were illegal and in contravention of fundamental rights of the petitioners and the General Clauses Act as well as in violation of the law laid down by the superior judiciary.

He further argued that mala fide intention of the PSM management was apparent on the face of record as they intended to privatise the mills to accommodate a third party, which was not in picture, on a meagre amount for which they had conspired and retrenched the workers and initiate further proceedings in this regard.

The lawyer submitted that the Cabinet Committee on Privatisation (CCoP) was not competent to deal with the issue to privatise a national institution like PSM, which was on the verge of collapse due to the federal government and its allied beneficiaries.

The lawyer also relied upon a decision of the Islamabad High Court in support of his contention stating that the notification of April 24, 2019 appointing chairman and members of the CCoP was no longer in the field and thus, the petition might be heard and decided on merits.

While citing Article 10-A of the Constitution, he argued that the petitioners had been condemned unheard while issuing such letters, adding that in the emergency of Covid-19 pandemic, the petitioners had been deprived of their services.

Guidelines for rape cases yet to be finalised

A provincial law officer on Tuesday informed another division bench that the final draft of the standard operating procedures (SOPs) to deal with rape cases was at the stage of vetting and would be placed before it by Feb 23 after approval of the competent authority.

In an earlier hearing, the bench headed by Justice Mohammad Ali Mazhar had directed the lawyers for petitioners to examine the amended SOP submitted by police and suggest further proposals with the assistance of all stakeholders so that final SOPs may be approved for future as well as pending cases.

On Tuesday, the additional advocate general submitted that the last document of the proposed SOPs was being vetted and he would submit the document duly approved by the competent authority on the next hearing for consideration of the bench.

The petitioners, who are rape victims, through their lawyer filed a contempt of court application against the home secretary and inspector general of police for not implementing the Jan 31, 2019 judgement of the SHC in which they were asked to enforce the guideline of the Supreme Court issued in 2012 and to reform the investigation process of rape cases.

Published in Dawn, February 3rd, 2021