KARACHI, Jan 22: The Sindh High Court ordered on Thursday payment of salaries to all employees of the Karachi Building Control Authority without being required to report for duty to the city district government or the town committees or nazims.
A division bench, comprising Justices Sabihuddin Ahmed and Zia Perwez, meanwhile, fixed Feb 17 for regular hearing of a KBCA application against the CDGK notifications seeking merger of the authority and asking its officers and staff to join its departments or the town committees in various capacities.
The CDGK had warned that the salaries of the KBCA employees not reporting to it or the town committees would be withheld. Advocate-General Anwar Mansoor Khan appeared on Thursday in response to a court notice and sought adjournment of the hearing. He said he wanted to discuss the matter with the provincial governor to resolve the controversy once and for all. CDGK counsel Manzoor Ahmad opposed the application and argued against any interim order. KBCA counsel Shahid Jamil Khan argued his case for the main application as well as for interim relief at some length.
The bench passed the following orders after Thursday's hearing: "Advocate Manzoor Ahmad undertakes that without prejudice to its position on merits, the city government, keeping in view the grave inconvenience faced by the employees, would withdraw instructions to different banks so as to ensure that all the employees of the KBCA receive their salaries by the date on which they are otherwise paid.
"If any employee confronts a difficulty, he may personally approach the CDGK's legal adviser, who undertakes to look into the matter promptly. Since the above undertaking, which is taken on record, is only by way of an interim arrangement, hearing of the (KBCA) application is fixed for 8.30am on Feb 17."
Advocate Shahid Jamil Khan earlier submitted a resume of his arguments and the building regulation work done by the KBCA in the absence of magisterial and police powers and adequate manpower and other resources. He said the KBCA was established under a law, the Sindh Building Control Ordinance, 1979, and its status, power and functions could not be altered by any authority without amending the ordinance.
The lawyer submitted that the authority could neither abdicate its statutory functions, nor be stopped from performing them. It had discharged its obligations under the law and paid an amount of Rs 483,500,000 through 10 cheques to the city government since December 2002.
The KBCA has moved the application in a writ petition filed by a non-governmental organization against unauthorized constructions in Lyari. The high court ordered demolition of one of the buildings and the KBCA expressed its inability to comply with the order due to lack of cooperation from the city government, the police and other agencies.