The Federal Ombudsman Lacks Jurisdiction Over Lahore University of Management and Sciences (LUMS) Harassment Complaint --- Lahore High Court, Lahore
Islamabad 01-07-2024: In a significant ruling, the Lahore High Court has determined that the Federal Ombudsman does not have the jurisdiction to hear a harassment complaint filed against Tariq Sheikh, a faculty member of the Lahore University of Management Sciences (LUMS). The court ruled that such matters fall under the Provincial Ombudsperson's authority.
The complaint, initially filed by the respondent on January 23, 2021, alleged misogynistic behavior by Sheikh during interactions concerning COVID-19 standard operating procedures at LUMS. The university's Human Resource Grievance Committee and Sexual Harassment Committee previously dismissed the allegations.
Despite these findings, the respondent submitted a new complaint to the Federal Ombudsman under the 2022 Amendment Act, which broadens the definition of harassment. Sheikh's legal team contended that the Federal Ombudsman lacked jurisdiction, as LUMS is a provincial institution, and the incidents occurred before the amendment came into effect.
Mr. Justice Anwaar Hussain of the Lahore High Court, in his judgment, clarified that LUMS, established under a federal charter but operating within Punjab, falls under the provincial jurisdiction. The Federal Ombudsman’s orders were declared void, and the respondent was directed to refile the complaint with the Provincial Ombudsperson if necessary.
This ruling emphasizes the jurisdictional boundaries between federal and provincial authorities in matters of workplace harassment, underscoring the legal framework’s adherence to the geographical and operational scope of institutions.
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