Law: Workmen's Compensation Act (VIII of 1923)

Section: 4, 10

Law: West Pakistan Employees Social Security Ordinance, (X of 1965)

Section: 81

(a) Workmen's Compensation Act (VIII of 1923) A beneficial enactment-Has to be construed so as to advance its purpose. The Workmen's Compensation Act, 1923 is a beneficial enactment and has to be given effect in a manner as would advance the purpose of it. (b) Workmen's Compensation Act (VIII of 1923) Ss. 4, 10 & Sched. IV and West Pakistan Employees' Social Security Ordinance (X of 1965), S. 81-Act VIII of 1923 speaks of "compensa tion" while Ordinance X of 1965 speaks of "death grant" or "gratuity' "Death grant", "gratuity", or "pension"-Not synonymous with "compensation"-Purposes and manner of raising funds, and beneficiaries under both enactments different Provisions of two enactments though dissimilar in certain respects, yet provisions relating to compensation in Act VIII of 1923 not inconsistent with provisions of Ordinance X of 1965-Section 81 of Ordinance X of 1965 does not in consequence even implied[y repeal provisions of S. 4 or 10 or Sched. IV of Act VIII of 1923-Relief of Compensa tion under Act VIII of 1923 not barred. While the Workinen's Compensation Act speaks of compensation, the West Pakistan Employees' Social Security Ordinance speaks only of "Death grant" and "gratuity". The two concepts are entirely different. Section 37 of the Ordinance has provided some additional benefits but not created any inconsistent provision. The Social Security Ordinance speaks of gratuity and pension. Gratuity by its very connotation means a sort of bounty and not something which is acquired as a matter of right. Pension once again is widely different from compensation. It may be termed to be a reward for the services done or things done by an employee for the employer for which he wishes to give some sort of compensation. But by no stretch of interpretation "gratuity" and "pension" can be considered to be synonym or equivalent for "compensation". The purposes of the two enactments are different, the beneficiaries under the two enactments are different, the manner of raising funds for payment to beneficiaries are…