BENEFICIAL CONSTRUCTION - interpretation of statutes

Beneficial construction - interpretation of statutes

1. BENEFICIAL CONSTRUCTION PRESENTED BY SRUTHI BALACHANDRAN ROLL NO : 62 6 TH BCOM LLB

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