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LWMC seizes Turkish companies machinery, ends contracts prematurely

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Terminating the contracts of two Turkish contractors nine days before the stipulated time, the Lahore Waste Management Company (LWMC) on Monday seized machinery of the Ozpak and Albayrak despite resistance by the contractors’ staff and started ‘cleanliness operation itself’.


According to a press release issued by the LWMC, the move was made with consultation and consent of the contractors – a claim both the contractors denied vehemently as they threatened to take up the matter with national and international courts.


According to the LWMC, “both contractors shared their disengagement plan and the company, with the mutual consultation and consent, took over machinery and four workshops at the Outfall Road, Sikandaria, Valencia and one near the Children Hospital”.


Ozpak and Albayrak ‘threaten to move courts’

The contractors, however, denied ‘consent and consultation’ claim, saying “on Dec 21, at 2am LWMC, in connivance with the Punjab police and under the protection of secretary local government, forcefully and illegally took possession of our workshops, removed Turkish staff and manhandled them. We will initiate legal proceedings in national and international courts and fight for our rights to bring justice to the culprits of this heinous act”.


According to the LWMC officials, the company would continue cleanliness operation and as per the contract with the Turkish contractors, the machinery had to be transferred to the company anyway at the end of the contract. Furthermore, they added, according to a letter issued by the National Accountability Bureau (NAB), the machinery had to remain with the LWMC.


As per the spokesman for the LWMC, the company would perform the job itself till the hiring of the contractor(s).


Meanwhile, it will prepare documents for hiring contractor, advertise them and start the hiring process.


The LWMC had painted itself into a corner when it failed to initiate process for hiring contractors on time. The original contract of both the contractors expired in early February this year. Instead of starting the process for hiring new contractor last year, the company kept delaying it till the last moment and finally renewed the contract of existing contractors till Feb 29.


In the next few months, it was extended twice – till May 29 and finally till Dec 31 – instead of hiring new contractors. Now, before the formal expiry of the contract, the LWMC moved to abrogate it prematurely and seem to have risked legal proceedings.

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Picture source (aa.com.tr)

“The LWMC may end up being on the losing side on the both ends as it may lose the legal fight and it may not be able to perform the cleanliness job efficiently as the foreigner companies were doing,” said a former official of the company.


“Is not it wonderful that a company that had not been able to prepare even a prequalification document – the basic document in a contracting process – in the last two years now plans to take up double responsibility, clean the whole city as well as initiate the hiring process simultaneously,” he asked.


According to Mr Ozel of the Albayrak, the LWMC shared a ‘disengagement document’ with his firm early this month.


“We, however, rejected it and wrote back to the LWMC. It never responded but suddenly it has taken over all our machines and workshops. This illegality would be challenged,” he said.


In a late night operation, Lahore Waste Management Company (LWMC) confiscated a fleet of specialised vehicles, workshops and other equipment of its two Turkish contractors here on Monday.


Following the operation, Turkish waste management companies Albayrak and OzPak held a press conference on Outfall Road and declared the LWMC operation illegal and against the spirit of international and diplomatic norms. They said after serving side by side with the LWMC and after spending Eids and other occasions in field during the past nine years, Turkish companies have been grossly mistreated by its client.

They alleged that LWMC officials along with police force harassed and kicked out employees and staff of workshops of the companies on late Sunday night. “During the operation, the police force allegedly manhandled the Pakistani and Turkish staff and forcefully asked them to leave the premises at 3am, they said, adding the police confiscated their personal belongings and deleted photos and videos of the incident from their personal mobile phones. They blocked the entrance and exit points of the workshop. The workshop staff got anxious and asked the LWMC employees and the authorities that where would they go at night. The officials, including the members of the city district government and the police, replied that it was not their concern,” they alleged.

Moreover, when Project Coordinator Albayrak Cagri Ozel reached the spot, he was allegedly manhandled and misbehaved. The police force barred him from entering the workshop, confiscated his mobile phone and deleted photos and videos of the incident. They cut the CCTV camera connection at the workshops and wasted their footage, they alleged.

The names of Turkish companies written on the vehicles and in workshops were erased with black spray, they said. Albayrak and Ozpak have decided to raise the issue at the embassy and foreign ministry levels. The Turkish companies are reaching out to Turkish Embassy, Turkish Consulate and Turkish Foreign Ministry to respond to the gross violation of the Lahore Waste Management Company, they announced.

Turkish contractors have said that the behaviour of the LWMC and police force was aggressive and disheartening for both the Pakistani and Turkish employees. They expressed dismay that ever since 2011, the LWMC had been chanting the slogans of brotherly relations between Turks and Pakistanis. Despite availability of high court stay order with Turkish companies, the LWMC took an aggressive step by attacking the workshops, they said, adding the contractors and the client company had the options of Dispute Resolution Committees and international arbitration, instead the LWMC chose the path of violence. They said Turkish companies in their letters had asked the LWMC to take over the workshops and field areas in phases but instead of replying to these letters, the waste management company surprisingly attacked the workshops. They said as per the contract between the LWMC and Turkish companies was supposed to be completed on 31 December.

On the other hand, LWMC in its press release said that Lahore waste management company is all up and alert to provide best possible cleanliness arrangements in the city. The chief minister gave standing instructions to clear the entire backlog before 25 December. Both of the international contractors shared their disengagement plan and with the mutual consultation and consent of the Turkish contractors, LWMC took over the machinery.

It said LWMC will be managing all the workshops, including Outfall Road, Sikandaria, Valencia and workshop near Children's Hospital. In order to provide a clean environment to the citizens and to clear all the backlogs on priority basis, LWMC continues the cleanliness operation with the help of this machinery.

As per the contract with the Turkish contractors, all the machinery at the end of the agreement is owned by LWMC. Furthermore, according to the letter issued by NAB, this machinery will also remain with LWMC. In the statement, LWMC CEO said that all officers and staff of the company are active in the field day and night and no effort will be spared in cleaning the city.

The department will ensure effective and exceptional cleanliness arrangements in the city and will clear the entire backlog before December 25. He stated, “Over the past eight years, Turkish contractors have introduced us to modern sanitation systems and for that we are very thankful to them. As a gesture of goodwill, LWMC will also hold a farewell for our Turkish contractor brothers. Moreover, a LWMC spokesperson said citizens should also cooperate with the department and reduce waste. In case of any waste related complaint citizens can use LWMC helpline 1139 and Clean Lahore app.

 
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یاد آیا نیازی نے وزیراعظم بنتے ہی وعدہ کیا تھا کہ پبلک ٹوائلٹس پر واٹس ایپ نمبر لکھے ہوں گے وہ کام کہاں تک پہنچا؟؟
 
Turkish contractors move court against LWMC admin


The Turkish contractors have initiated legal proceedings against the Lahore Waste Management Company (LWMC) management for ‘forcibly’ taking over their machinery, equipment and workshops, terming the action an attempt to sabotage the dacades-old relations between Turkey and Pakistan.


A spokesman for the foreign contractors – Albayrak and Ozpak – said they filed a contempt of court plea in the Lahore High Court against the LWMC management for alleged violation of a court stay order, besides a writ petition for “violation of their fundamental rights”, asking the court to declare their action (of assets takeover) illegal and seeking restoration of their status that existed prior to Dec 20.


“We also approached the police station concerned for lodging FIRs, but to no avail as the police themselves were part of the [LWMC] raid,” he said.


One of the contractors also issued a press release on Wednesday, listing the reasons why they had to move court against the LWMC.


Accuse company of harming ties between two countries

“Why we have filed a law suit against the LWMC? Because they (the LWMC, police etc) have tried to damage and harm the [feelings of] brotherhood [that existed] between Pakistan and Turkey. Because they have tried to sabotage the trade relations between the two countries,” reads the press release.


The release says the companies’ investment in Pakistan is not merely fiscal, as they also emotionally invested in the country whose people stood with the people of Turkey in trying times.


It claims that since teh arrival of Turkish companies, Lahore has emerged as the cleanest city of Pakistan.


“To ensure the highest quality of services, along with engaging 4,000 required sanitary workers, we deployed 1,500 additional workers. We have lifted 6,898,254 tons of waste,” it maintains.


It states that the companies’ contract had expired in February 2020. However, on the request of the LWMC, they agreed to extend their services for two more months.


The LWMC failed to roll out the tender process and could not finalise any plans to take over the waste management services of Lahore. Consequently, the current contractors were forced to provide the services through two more extensions.


It is pertinent to mention here that during past two years at least seven officers have joined and left the position of the LWMC managing director.


“The previous managements of the LWMC [would] always look forward to resolve the issues through a dialogue, a policy that was shockingly abandoned by the current management. After assuming the office, the current management closed its doors on the contractors,” the release reads.


It clarified that the alleged contractual requirement of delivery of the equipment claimed by the LMWC was “completely fabricated”, claiming the contract clearly stated that all equipment, except those delivered by the LWMC to the contractors at the end of the project, belonged to them (contractors).


“In the city where we worked for eight years as subcontractors of the LWMC, [we] were misbehaved as our Pakistani and Turkish staffers, who worked day and night, were mistreated, illegally vacated and harassed.”


“We have initiated legal action since you have tried to create obstacles in the way of foreign investors’ activities in Pakistan, you have tried to harm our commercial reputation. And because this behavior is the breach of contract, a breach of trust, a violation of fundamental rights and contempt of the court,” it concludes.


On the other hand, a source in the LWMC told Dawn on Wednesday that a meeting between the contractors and the client (LWMC) was held to resolve the dispute (machinery takeover, payment of dues etc).


“Another meeting will be held at the office of the chief secretary on Thursday (today),” he added.


He, however, termed the LWMC action legal that was taken in the best interest of the public.


Published in Dawn, December 24th, 2020

 
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