Case Details

Citation(s)
1977 SLG 248 1977 SLD 248 1977 PLD 197
Supreme Court of Pakistan
Civil Appeals Nos. K-13 and K-22 of 1976, decision dated: 23rd December 1976. dates of hearing t 15th, 16th and 17th November 1976
MUHAMMAD YAQUB ALL, C.J., ANWARUL HAQ MUHAMMAD GUL, MUHAMMAD AKRAM AND MUHAMMAD HALEEM, JJ
C. A. No. K-13 of 1976 A. A. Fazeel, Senior Advocate Supreme Court and Yousuf Rafi, Advocate on-Record for Appellant. S. Ahmed Sarwana, Advocate and Noor Ahmad Yoori, Advocate-on-Record. C. A. No. K-22 of 1976. S. A. Sarwana. Advocate and Noor Ahmad Noori

KOHINOOR CHEMICAL Co. LTD. AND another

VS

SIND EMPLOYEES SOCIAL SECURITY INSTITUTION AND another

Law:

Section:

(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--- S. 2(8) & (11)-Interpretation of statutes-Words "employee" and 'establishment"-Construction.-[Interpretation of statutes]. The West Pakistan Employees' Social Security Ordinance, 1965, is a beneficial or remedial legislation conceived as a means of ameliorating the lot of the working class, and as such, it would be in keeping with the accepted principle of interpretation, that it should be so construed as to advance the remedy and suppress the mischief, or else it would frustrate the legislative intent. It would appear, therefore, that, in keeping with the object of the legislation, as wide an interpretation should be placed on the terms 'employee' and 'establishment' as permissible within the language employed in the statute. Viewed in this light, the term 'establishment', as defined in clause (11) of section 2 of the Ordinance, does not appear to be confined in its scope to merely the four-walls of the physical premises where the notified establishment may be located] on the contrary, the definition speaks of an organization whether industrial, commercial, agricultural or otherwise. In its literal sense an organization connotes a systematic arrangement for a detsnite purpose. In the legal sense it describes a system, a body or a society furnished with organs for the normal exercise of its appropriate functions. It follows, therefor, that all organization is not necessarily coterminous with the physical premises where it may be located. It is possible that a part of its structure may be situated elsewhere, but it must, nevertheless be integral to its main functions and objects. That this is the proper construction of the term 'establishment' appears to find support from the definition of the term 'employee' as given in clause (8) of section 2 of the Ordinance, which includes in the definition not only a person working in the industry or establishment but also "in connection with the work of" any industry, business, undertaking or establishment. It is clear that a person who is working "in connection with the work of" an establishment may not necessarily be physically located in the…
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