KARACHI, Jan. 19: Karachi Electric Supply Company has expressed strong alarm over the imaginary remarks passed by Deputy Commissioner Karachi South in his official letter to the power utility on Jan. 18 and asked the DC to act according to law and not at whims.
In a legal reply to DC South on Thursday, KESC denied the assertions made in the letter and asked him to withdraw the communication immediately. While referring to DC’s remarks that: “Any further delay… can lead to a law and order situation of which the management of KESC will be held responsible,” KESC called it false and amounting to denial of public functionaries of Sindh from performing their statutory duties.
KESC said that the power utility could not be burdened with the maintenance of law and order. The provincial functionaries were required to act in accordance with the law and not at their own whims and fancies. The letter issued by the DC South was in utter disregard of facts. The Deputy Commissioner needed to provide full assistance and take prompt action for the benefit of KESC, its employees, officers and consumers to ensure that no illegal hindrances by any persons claiming to act on behalf of any union were allowed in any manner to hamper or frustrate the normal business activities of KESC in compliance of the Sindh High Court Order.
KESC said that contents of the letter had been in disregard to the illegalities committed by labor union of the KESC or taking note of the correct and prevalent facts. KESC in fact had suffered the most despite the clear orders passed by Sindh High Court of Sindh in 2010 and 2011.
KESC recalled that under the aegis of Governor of Sindh, an agreement was executed on July 26, 2011, together with an accompanying Code of Conduct among all stakeholders in which the Deputy Commissioner South was himself a signatory. One of the terms of the Code of Conduct was that the “violation of the agreement or hindrance in work or physical disturbance at any work place of KESC will be dealt with swiftly as per the prevalent civil and criminal law and the miscreants will be approached without any exception.” However, despite that, the labor union committed a number of illegalities which have not been dealt with at all.
The Sindh High Court orders were ignored and thus violated by the public functionaries as well as the labor union, whose tenure as Central Bargaining Agent had expired on August 21, 2011. On August 29, the labor union staged a violent attack by armed hordes at KESC head offices widely covered by national media. This attack resulted in registrations of FIRs and arrests of these attackers.
The illegalities of the labor union occurring after that agreement amounted to blatant violation of the Court orders as well as breach of the agreement and the failure of the public functionaries including the DC South, had rendered the Code of Conduct of no avail. Therefore, the agreement of July 26, 2011, was in effect no longer valid and was not enforceable against KESC.
KESC said that the Court orders were binding on all concerned especially the Province of Sindh including the office of the Deputy Commissioner South Karachi, the law enforcement agencies and the labor union agitating against the utility.
KESC called upon the DC South to duly discharge his constitutional and public functions through the maintenance of public order and to duly abide with the Court Order. Any omission or failure to do so would amount to a willful disobedience of the Court orders and could render all concerned liable to be tried for contempt. KESC further demanded of the DC South that any illegal hindrances being faced by the power utility, its officers, employees or consumers should immediately cease.