Beneficial Interpretation in Welfare Legislation: Study of Judicial Decisions in India

7 Pages Posted: 29 Jul 2013

See all articles by Akriti Shashni

Akriti Shashni

West Bengal National University of Juridical Sciences

Date Written: July 26, 2013

Abstract

Beneficial legislation is a statute which purports to confer a benefit on individuals or a class of persons. Such benefit is given by interpreting the statute liberally and thus beneficial legislation should be interpreted liberally. Beneficial legislation should be interpreted in a purposive manner which would effectuate the object of the welfare legislation. The following paper aims to understand the tern beneficial legislation and its interpretation. Industrial Dispute Act is also a beneficial legislation which aims to protect the workmen. The courts while interpreting labour laws have always stressed on the doctrine of social justice and interpreted such legislations very liberally. Following paper is restricted only to the interpretation of Workman and Industry definition under Industrial Dispute Act which will be supported by different case laws to find out the benefits of the welfare statute.

Suggested Citation

Shashni, Akriti, Beneficial Interpretation in Welfare Legislation: Study of Judicial Decisions in India (July 26, 2013). Available at SSRN: https://ssrn.com/abstract=2298771 or http://dx.doi.org/10.2139/ssrn.2298771

Akriti Shashni (Contact Author)

West Bengal National University of Juridical Sciences ( email )

12, LB Block, Sector III
Salt Lake City
Kolkata, West Bengal 700 064
India

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