AIR 1961 SUPREME COURT 647 ::1961 (1) LabLJ 328 ::1961 20 FJR 78 ::1961 2 SCJ 745 ::1961 3 SCR 297

Supreme Court Of India

(From Industrial Tribunal-Bombay)*

Hon'ble Judge(s): P. B. Gajendragadkar, K. N. Wanchoo, K. C. Das Gupta , JJJ

(A) Constitution of India , Art.136— New point - Point not raised before lower tribunal - Point being one of law arising on admitted facts allowed to be argued before Supreme Court. (Para 3) (B) Interpretation of Statutes , — Welfare legislation - Construction - Construction furthering policy of statute to be preferred. In construing the provisions of a welfare legislation courts should adopt a beneficent rule of construction; if a section is capable of two constructions that construction should be preferred which furthers the policy of the Act and is more beneficial to the employees in whose interest the Act has been passed.(Para 7) (C) Factories Act (63 of 1948) , S.79(1), S.78, S.84— Scope - S. 79 (1) does not purport to standardise annual leave with wages - Award of Industrial Tribunal providing for privilege leave in excess of that sanctioned by S. 79 (1) is not without jurisdiction. Section 79(1) does not purport to standardise annual leave with wages. When S. 79 (1) provides that every worker shall be allowed leave as therein prescribed, the provision prima facie sounds like a provision for the minimum rather than for the maxi....