Case Details

Citation(s)
1998 SLG 1456 1998 SLD 1456 1998 PLC 777
Sindh High Court
Constitutional Petition No.D-1276 of 1996 and 1627 of 1995,decision dated: 28-01-1998.
MRS. MAJIDA RAZVI AND SAIYED SAEED ASHHAD, JJ

S. ZAFAR EJAZvsCHAIRMAN, STEEL MILLS CORPORATIONPer Mrs. Majida Razvi. J.

Law:

Section:

(a) Interpretation of statutes------ Intention of Legislature---Grammatical and ordinary sense of the words used by Legislature in expressing its intention must be adhered to---Where literal adherence to words of any enactment appears to produce absurdity or injustice, Court, while interpreting, must consider state of law at the time the relevant statute was passed so as to ascertain whether language of enactment was capable of another fair interpretation and whether it would not be desirable to put upon the language used, restrictive meaning---First rule of construing any enactment would be to give the words their natural meaning and if no reasonable result could be arrived at by giving the words their natural meaning, only then some other interpretation would be permissible--­Where, however, phraseology of law was changed by amendment, presumption would be that some change in law was intended---Change of language in same Code or Act would be presumed to indicate change of intention on the part of Legislature. Corpus Juris Secundum, Vol. 72; Stroud's Judicial Dictionary, 4th Edn., p. 1830 and Wharton's Law Lexican, 14th Edn., p. 711 ref. (b) Service Tribunals Act (LXX of 1973)--- ----Ss. 2(a) & 2-A [as added by Service Tribunals (Amendment) Act (XVII of 1977)]---Civil Servants Act (LXXI of 1973), S. 2---Factories Act (XXV of 1934), S. 2(h)---Workmen's Compensation Act (VIII of 1923), S.2(n)--­Employees covered by newly-added S. 2-A of Service Tribunals Act, 1973--­Exception---Every person holding post in corporate body or organisation which was owned or controlled by Federal Government would be treated as in Service of Pakistan and deemed to be civil servant for purpose of Service Tribunals Act, 1973---In absence of any non obstante clause, any change in phraseology and amendments in Factories Act, 1934 and Workmen's Compensation Act, 1923, while categories mentioned in sub-cls. (i), (ii) & (iii) of S. 2(1)(b) of Civil Servants Act, 1973 remain excluded from purview of S. 2, Service Tribunals Act, 1973---Such exclusion, however, would not apply to those in the service of corporations and bodies falling under S.2-A, Service Tribunals Act, 1973. Sher…
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