Room # 3, Falaknuma Bldg.
39 Abdullah Haroon Rd.
Circular Number: C-150
With reference to the letters of the office of the Sindh Ombudsman
and Legality of the Federal Protection against Harassment of Women at the Workplace Act, 2010
1. The Federal Government and the provincial Governments have already their own separate laws about the Ombudsman and in addition the above Act, of 2010 has been made by the Federal Government. The Sindh Government has it is own separate law about provincial Ombudsman and there is no need of it’s having separate Ombudsman under any Federal law.
2. The Factories Act, and various other labour laws have already provisions to protect women workers and children/adolescent workers.
3. A careful perusal of the said Federal Act of 2010 reveals that it contains several provisions already contained in different Labour Laws being special laws on the labour.
4. The above Act, 2010 has been made by the Federal Government in March, 2010 but after the 18th amendment of the Constitution of Pakistan the Concurrent List of the Constitution containing matters/subjects connected with the labour/ workers/ employees have been abolished from the Constitution of Pakistan and, therefore, the said Federal Act, 2010 passed just before the 18th amendment of the Constitution of Pakistan has become illegal in-valid and ultravires of the Constitution of Pakistan.
5. In view of the above, proper legal advise of any legal expert on the matter be obtained instead of trying to revive the dead horse of the said Act of 2010.
For M/s S. M. Yaqoob