Law: Companies Act, 2017

Section: 42

(a) Khyber Pakhtunkhwa Employees (Regularization of Services) Act (XVI of 2009)--- ----Ss. 2(1)(b) 3---Contract/ad hoc employees---Regularization in service---Scope---To be regularized under the Khyber Pakhtunkhwa Employees (Regularization of Services) Act, 2009 (‘the 2009 Act’) the employee in question may be an ad hoc or a contract employee who must be appointed by the Government---Three categories of employees cannot take benefit of S. 3 of the 2009 Act and claim regularization; first, project employees, that is, employees who were appointed against a project post---Whenever the said project came to an end unless otherwise provided, the posts in the said project too came to an end and all appointees stood relieved; second, employees appointed on a work charge basis, and third, those employees who were paid out of contingencies---Last proviso was perhaps there because funds for contingencies were limited and mostly time-bound, as such, whenever the contingent funds ran out, employees may be relieved, by following the proper procedure. (b) Interpretation of statutes--- ----When the intent of the legislature was manifestly clear from the wording of the statute, the rules of interpretation required that such law be interpreted as it is by assigning the ordinary English language and usage to the words used, unless it caused grave injustice which may beirremediable or led to absurd situations which could not have been intended by the legislature --- Only then, the Court may see the mischief which the legislature sought to remedy and interpret the law in a manner that met the intent of the legislature. (c) Interpretation of statutes--- ----Prospective effect of an Act---Scope---When the law itself provided a date for the application of an Act, the Court cannot, on any ground, amend the said date and extend the application of the Act to the extent that those who were not covered under it, gain its benefit. Shumail Ahmed Butt, A.G. Khyber Pakhtunkhwa, Atif Ali Khan, Additional A.G. Khyber Pakhtunkhwa, Barrister Qasim Wadood, Additional A.G., Khyber Pakhtunkhwa, Irum Shaheen, DD, HED, Asif Khan, Litigation Officer, HED, Amin Jan, A.D. Fisheries, Khyber Pakhtunkhwa,…

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