2. BENEFICIAL CONSTRUCTION-MEANING
Beneficent construction involves giving the
widest meaning possible to the statutes. When
there are two or more possible ways of
interpreting a section or a word, the meaning
which gives relief and protects the benefits
which are purported to be given by the
legislation, should be chosen.
3. BENEFICIENT LEGISLATIONS AND
INTERPRETATION
There are different kind of legislations which
receive beneficent construction. Laws which are
enacted with the object of promoting general
welfare and facing urgent social demands receive
beneficial legislations. Examples of statutes
include The Factories Act, Industrial Disputes Act
etc.
4. In the case of Hindustan Level Ltd v Ashok
Vishnu Kathe court held that in a case related to
prevention of unfair labor practice, during
interpreting social welfare legislation, a
construction should be placed on the relevant
provisions which furthers the purpose for which
such legislation was enacted.
5. B. Shah V. P.O
• Facts of the Case:
Ms. X was working in a estate belonging to the appellant was allowed leave
of absence on maternity leave.
After her delivery, the appellant paid her on account of maternity benefit an
amount equivalent to what she would have earned on the basis of her average
daily wages in 72 working days falling within 12 weeks of the maternity period
excluding 12 Sundays being wage less holiday which fell during the period of
the respondent’s actual absence immediately preceding and including the day
of her delivery and the 6 weeks immediately following that day.
In this case, a woman who used to 6 days a week was paid for only 6×12=72
days instead of 7×12=84 days.
High Court held that 12 weeks for which maternity benefit is provided for in
Sec 5[2] of the Act must be taken to mean 12 weeks of work and the
computation of the benefit had to be made with reference to the actual days on
which the woman would have worked but for her inability.
6. • Use of Interpretation Rule:
•
• SC held that:
•
• The Act does not contain any definition of the word “week”.
• It has to be understood in its ordinary dictionary meaning.
• In the context Sec 5 of the Act, the term has to be taken to signify a cycle of 7
days including Sundays.
• By using the words, namely, “for the period of her actual absence immediately
preceding and including the day of her delivery and for the 6 weeks
immediately following that day’s the legislature intended that computation of
maternity benefit is to be made for the entire period of the woman worker’s
actual absence, that is, for all the days including Sundays which may be
wageless holidays falling within that period and not only for intermittent
period of 6 days thereby excluding Sundays falling within that period.
• Hence court dismissed the Appea
