9911796707
TMI Blog1954 (11) TMI 48X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 -11 -1952 is contrary to law and the petitioners are not liable to make the requisite deposit of money or to comply with the notice of that date. In order to determine the relative rights of the parties it is necessary to make a reference to the Act. The object of this Act is to provide for the institution of provident funds for the employees in factories and other establishments. The Act came into force on 4 -3 -1952 but was extended to the Punjab on 1 -11 -1952. It applies to all factories engaged in any industry specified in Schedule I in which 50 or more persons are employed. Section 2 deals with definitions and although in the Act as passed the word 'manufacture' was not defined, by the amending Act 37 of 1953, Sub -section (ia) was added to define the word 'manufacture' as meaning ' making, altering, ornamenting, finishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal. Under Section 5, the Central Government is empowered to frame a scheme to be called the Employees' Provident Fund Scheme and by the amending Act 37 of 1953 a provision can be made for the Scheme to be prospec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to amend the Act shows that their factory was not covered by the wording of the Schedule as it existed in the un-amended Act of 1952. Before I deal with this argument I shall try to interpret the various provisions of the Act which are relevant for the purposes of this case. In keeping with the policy of the State, that is, to establish a welfare State with the directive principles of State policy as contained in Part IV of the Constitution, 'inter alia' this statute was enacted by Parliament for the benefit of the workers. To a statute of this kind, therefore, a beneficial construction must be given. (4.) At p. 114 of Maxwell on the Interpretation of Statutes the Jaw is stated as follows: "To carry out effectually the object of a statute, it must be so construed as to defeat all attempts to do, or avoid doing, in an indirect or circuitous manner that which it has prohibited or enjoined." I may refer to - - 'Heydon's Case'. In Craies on Statute Law at p. 91, the following four propositions are taken from that case: "That for the sure and true interpretation of all statutes in general (be they penal or benficial, restrictive or onlarging ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided is whether the petitioners are engaged in the manufacture or production of textiles. THE word "manufacture" has been defined in Law Dictionary by Ballentine to mean "the process of converting raw materials into finished parts or products." In - - 'Lawrence v. Allen', (1849) 48 US 785, at p. 794 (B), the word 'manufacture' has been defined as follows: "........and in the more modern idea attached to the word, it is making an article, either by hand or machinery, into a new form, capable of being used, and designed to be used, in ordinary life." Several instances of the word 'manufacture' wen there given; Thus the Juice of the maple or of the cane is in some views manufactured when it is made into molasses or syrup, and in others, when again made into sugar or spirit from molasses. And so the juice of the grape is in one sense manu -factured when converted into wine, and in another when made into brandy. And so is lye from ashes, when boiled down to potash or pearlash, manufactured into them. In the same case it is then said: "Here, the juice or sap of the India rubber tree, while liquid or in its milky state wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act is one passed with reference to a particular trade, business, or transaction, and words are used which everybody conversant with that trade, business or transaction, knows and understands to have a particular meaning in it, then the words are to be construed as having that particular meaning, though it may differ from the common or ordinary meaning of the words." (8.) James , L.J., was of the same opinion in - -'Boucicault v, Chattcrton', (1876) 5 Ch D 267, at p. 275 (G), where the word to be interpreted was published'. In regard to a book it was held to mean being printed and issued to the public, and in regard to a dramatic piece or a musical composition being publicly performed, and in regard to a piece of sculpture or other work of art being multiplied by casts or other copies. Thus the same word may signity different meanings when applied to different businesses. It is in this context therefore that we have to interpret these words. There is no doubt that the word 'textile' will include to mean anything from yarn to woven material which may be coarse or which may be fine, which may be made of cotton or wool or jute or silk, which may be bleached o ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
