20000115

Humayun removed: Jadoon asked to take charge of Aptma

RECORDER REPORT

KARACHI: The Trade Organisations director has set aside the 'selection of Humayun Elahi Shaikh as Convenor of Aptma and directed Aptma Vice President Farid Jadoon to take over the charge of the association immediately.

The DTO's order dated January 13 received in Aptma and EPB on January 14 said that "consequent upon the decision of the Sindh High Court, Karachi, the resolution passed by the Aptma managing committee in its meeting held on October 18, 1999 regarding the selection of Humayun Elahi Shaikh as Aptma convenor is not in accordance with the memorandum and articles of the association."

Therefore, the DTO in exercise of powers conferred under Section 9(1) and (2) (f) of T. O. Ordinance, 1961 has cancelled the resolution passed by the Aptma managing committee.

Farid Jadoon, has been directed to take over the charge of Aptma under Clause 71 of memorandum and articles of the association immediately and hold the election of office of Chairman, Aptma from among the managing committee members of the NWFP Zone whose nomination papers have already been submitted and hand over the charge to the newly-elected Chairman.

He has further been directed to send a compliance report in this regard to the Ministry of Commerce.

Karachi Export Promotion Bureau, Director General Mohammad Zahid Khan has appointed to watch and supervise the election to ensure impartiality of the process and compliance with the laid down procedure.

The Sindh High Court in an earlier decision in the part judgement had given observation that the association instead of resolving issues within available prescription as provided in their constitution prefer litigation which suggests that either the associations are alien to culture or vice versa.

This piece of observation acts advisory while rejecting the plaint seeking interpretation of the Aptma constitution, which may allow two consecutive terms and the plaintiff had also questioned the legal constitution of Arbitration Tribunal of the FPCCI including the decision which upheld the view that the terms belong to NWFP Aptma for the office of Aptma chairman.

The litigation has already caused loss of four months and the left over time for the office is eight months. However, the time loss can be compensated by either general body to be confirmed by DTO or directly by DTO in terms of provisions of Trade Organisation Ordinance.