| Citation(s) |
|---|
| 1980 SLG 484 1980 SLD 484 1980 PLD 323 |
Supreme Court of Pakistan
DORAB PATEL, MUHAMMAD HALEEM AND ASLAM RIAZ HUSSAIN, JJ
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DORAB PATEL, MUHAMMAD HALEEM AND ASLAM RIAZ HUSSAIN, JJ
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PAKISTAN INTERNATIONAL AIRLINES
VS
SIND LABOUR COURT No. 5 AND others
Law:
Section:
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968.-- S. O. 1(b) & (e)-Permanent workman-Temporary workman Insertion of words "likely to be" in cl. (e) of S. O. 1-Clarifies that a workman cannot become a permanent workman if work for which he came to be employed expected to be finished within nine months but in fact completed after expiry of nine months-Workman, held, cannot become permanent workman solely on ground of having been in employment for more than nine months.-[Interpretation of statutes]. The High Court's view was that the respondents had become permanent workmen solely because they bad been in the appellant's employment for more than nine months: Held, this view ignores the words "likely to be", which precede the words "finished within a period not exceeding nine months." Redundancy is not to be attributed lightly to the Legislature and the words "likely to be" were inserted, because, given the nature of human beings, "work" expected to be finished within nine months might not be finished during that period, because of human error, miscalculation, negligence or any other cause. And, the insertion of the words "likely to be" make it clear that a workman cannot become a permanent workman, if the work for which he was employed was expected to be finished within nine months, but was in fact completed after the expiry of nine months. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968 -- S. 3-Contracting out of provisions of law-Employer purporting to appoint workman on a purely temporary basis, held, cannot, contract out of its obligations under Ordinance. (c) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) S.O. 1(b) & (e)-Words and phrases-Words "temporary" and "permanent".-Meaning.-[Words and phrases], Oxford English Dictionary ref. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968) -- S. O. 1(b) & (e)-Temporary workman-Permanent workman Definition clause-May alter and transform meaning of a word Intention of Legislature plain-Courts bound to give effect to such…
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