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Civil Appeals Nos. 93 and 94 of 1976, decided on 2nd July 1978.
(On appeal from the judgment and order of the Peshawar High Court, dated 7‑4‑]976, in W. P. No. 193/75).
(a) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑
----S. O. 12(6) [as amended by West Pakistan Industrial and Com mercial Employment (Standing Orders) (Amendment) Ordinance (LI of 1972), S. 6(h)]‑Gratuity‑.Interpretation of statutes‑Words and phrases‑Words "shall . . . . . be paid gratuity equivalent to twenty days' wages", being not technical words, to be construed according to their ordinary meaning‑Words being also not ambiguous their ordinary meaning not to be curtailed or modified by reference to pre sumptions for construing ambiguities in statutes‑Words, hence, mean and entitle all workmen whose services came to be terminated after promulgation of amending Ordinance to gratuity at rate of twenty days' wages for every completed year of service.
(b) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)‑‑
‑‑‑‑ S. O. 12(6) [as amended by West Pakistan Industrial and Commercial Employment (Standing Orders) (Amendment) Ordinance (LI of 1972), S. 6(h)]‑Amendment of S. 11 raising amount of gratuity @ 20 days for every completed year of service‑Procedural in nature ; hence presumed to be prospective‑Right of gratuity conferred by provisions as amended, held, accrues in favour of such workman only whose services terminated after coming into force of Amendment Ordinance.
Income‑tax Officer v. Sulaiman Bhai Jiwa P L D 1970 S C 80; Maxwell's Interpretation of Statutes, 12th Edn., p. 216; Master Ladies Tailors organization And another v. Minister of Labour and National Service 1950 All E R 525 and Keshoram Poddar v. Nundo Lal Malliek 54 I A 152 ref.
S. Safdar Hussain, Advocate‑on‑Record for Appellant (in Civil Appeal No. 93 of 1976).
J. D. Akbarji, Advocate-on-Record (in Civil Appeal No. 94 of 1976).
Sirajul Haq, Advocate and M. A. Siddiqi, Advocate‑on‑Record for Respondents (in both Appeals).
Date of hearing : 14th February 1978.
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