Case Details

Citation(s)
1989 SLG 2118 1989 SLD 2118 1989 PLC 309
Sindh High Court
Civil Petition No. D-1898 of 1979, decided on 1st December, 1988
AJMAL MIAN, C.J. AND ABDUL RAHIM KAZI, J SYED ZAHID HUSSAIN

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ZAHID HUSSAIN

VS

HOECHST PAKISTAN LIMITED and 2 others

Law:

Section:

Interpretation of statutes-- Beneficial enactments--Construction of--Principles--Court is to place liberal construction on beneficial enactments in favour of persons for whose benefits same have been enacted--Where, however, a person was not covered by definition of particular beneficial enactment, Court could not hold that he was so covered-­Where two views were possible, one in favour of holding that a person was covered by definition of a particular beneficial statute and the other that he was not so covered, the former has to be preferred and not when two views are not susceptible to the facts of a particular case. (b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)-- ---S. 2(i)--Term "workman", connotation of--Term "workman" does not envisage that a person who is not covered by definition of employer would necessarily be a workman--`Workman' implies any person employed in any industrial or commercial establishment to do any skilled or unskilled, manual or clerical work for hire or reward--Nature of duties and not designation of employee is determining factor as to his status as a workman. Marker Employees' Union v. Marker Alkaloids Ltd. and others 197() S C M R 82; Divisional Superintendent, P.W.R., Karachi and others v Bashir Ahmad and others P L D 1973 S C 589; Kohinoor Chemical Co. Ltd. and another v. Sindh Employees' Social Security Institution and another P L D 1977 S C 19,7;­Board of Management of Trim Joint District School and Kelly 1914 Appeals Cases 667; Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghani and First Sind Labour Court P L D 1975 Kar. 25; Dost Muhammad Cotton Mills Ltd. v. Muhammad Abdul Ghami and another 1979 S C M R 304; P L D 1977 S C 237; L.E. Salch v. Messrs International Laboratories Ltd. Karachi and 2 others P L D 1975 Kar. 279; Medical Educational Uplift Fund Association of Seventh Day Adventists in Pakistan v. Vth Sind Labour Court, Karachi and 2 others P L D 1978 Kar. 536; Pakistan Tobacco Company Ltd. v. Pakistan Tobacco Company Employees' Union Dacca and others P L D 1961 S C 403; Chairman, Brooke Bond (Pakistan) Ltd., Karachi v. General Secretary, Union Karkunane Brooke…
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