| Citation(s) |
|---|
| 1994 SLG 682 1994 SLD 682 1994 SCMR 881 |
Supreme Court of Pakistan
Civil Appeal No. 368 of 1992, decision dated: 21st December,1993
SHAFIUR RAHMAN, AJMAL MIAN AND SAEEDUZZAMAN SIDDIQUI, JJ
Civil Appeal No. 368 of 1992, decision dated: 21st December,1993
SHAFIUR RAHMAN, AJMAL MIAN AND SAEEDUZZAMAN SIDDIQUI, JJ
SHAHEEN AIRPORT SERVICES SINDH EMPLOYEES SOCIAL SECURITY INSTITUTION
Law:
Section:
(a) West Pakistan Employees' Social Security Ordinance (X of 1965)--Ss. 20 & 2 (30)---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider the question as to whether the relationship between the contractor and porters working at the Airport was that of employer and employee and whether the amount received by porter, per trip, out of the total amount received by the contractor paid by every passenger at the airport fell within the definition of "wages". (b) Interpretation of statutes--- ---- Beneficial statute---Rule of construction---Principles. The Court cannot construe even a beneficial statute in such a way that it may violate its provisions nor the Court can place a beneficial interpretation on a provision contrary to its language merely on the ground that its literal construction will cause hardship or would not be beneficial to the class for whose benefit the statute in question was enacted. However, at the same time, the Court while construing a beneficial enactment, can take into consideration the object for which it was enacted and the mischief which it intended to suppress, and if two possible constructions of a provision of such a statute are possible, one which favours the class of persons for whose benefit the statute has been enacted, would be preferred. Workmen of M/s. Firestone Tyre and Rubber Co. of India (Pvt.) Ltd. v. The Management and others (1973) 1 SCC 813; Lalappa Lingappa and others v. Laxmi Vishnu Textile Mills Ltd. (1981) 2 SCC 2.'38; Kohinoor Chemical Co. Ltd and another v. Sindh Employees' Social Security Institution and another PLD 1977 SC 197; Messrs Macdonald Layton Constain Limited, West Wharf, Karachi v. Punjab Employees' Social Security Institution, Lahore and 2 others PLD 1991 SC 1055; Abdur Razzaq Malik v. The Water and Power Development Authority through its Chairman and 3 others PLD 1973 Lah. 188; Taj Din and 44 others v. Punjab Labour Court No.3, Lyallpur and another PLD 1976 Lah. 1169; Lakshminarayan Ram Gopal and Son Ltd. v. Government of Hyderabad through the Commissioner, Excess Profits Tax AIR 1954 SC 364; V.P. Gopala Rao v. Public Prosecutor, Andhra Pradesh (1969) 1 SCC 704;…
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