ISLAMABAD: The Islamabad High Court (IHC) has sought comments from the Municipal Corporation Islamabad (MCI) for imposing a ban on CBA union in fire-brigade department.
A single bench of the IHC comprising Justice Babar Sattar heard the petition moved by CDA Mazdoor Union through its general secretary and challenged the impugned notification of the MCI, which bars political activity in the department.
The IHC bench issued the notices to the respondents and directed them to file a report and submit parawise comments within a period of two weeks. It added, “Meanwhile, the impugned notification dated 17.02.2022 will stay suspended till the next date of hearing.”
After issuing the aforementioned directions, the court deferred the hearing till March 21 for further proceedings. The petitioner adopted the stance in the petition that the administration had no authority to ban the union activities in the said department. It stated that the petitioners are aggrieved by notification dated 17.02.2022, pursuant to which Directorate of Emergency and Disaster Management, MCI, has been declared as essential service in exercise of powers under Section 3 of the Punjab Essential Services (Maintenance) Act, 1958, read together with provisions of the Islamabad Capital Territory (ICT) Local Government Ordinance, 2021.
The counsel for the petitioners stated that the ICT Local Government Ordinance, 2021, vests no power in the office of the Administrator of the MCI to declare any service as an essential service, and further that the Punjab Essential Services (Maintenance) Act, 1958, is not applicable to the ICT.
He contended that provisions of the Pakistan Essential Services (Maintenance) Act, 1952, are applicable pursuant to which the federal government is the competent authority to declare a service as an essential service.
Therefore, he added that consequently, the impugned notification is without jurisdiction. He further stated that the impugned notification bars political activity in breach of the constitutionally guaranteed right of association.
Copyright Business Recorder, 2022