1983 PLP 390 (PLC)

This appeal under section 64 of the West Pakistan Employees' Social Security Ordinance, 1965 (hereinafter called the Ordinance) arises out of the order dated 16th August, 1977, of the Punjab Social Security Court, Lahore.

2. Learned counsel for the appellant contends that tuberculosis is not an ‑`occupational disease' as contemplated by the Ordinance. This ques tion turns on the interpretation of section 2(10) of the Ordinance which reads thus :‑ "employment injury" means a personal injury to a secured person caused by an accident or by such' occupational disease as may be specified in the regulations, arising out of and in course of his employment." It is, therefore, apparent that an "occupational disease" within the ambit of section 2(10) of the Ordinance is only that disease which is speci fied in the Regulations. The question of "occupational disease" is covered by the West Pakistan Employment Social Security (Occupational Diseases) Regulations, 1967 (hereinafter called the Regulations). Regulation 2 of the Regulations is a definition clause. It provides that in these regulations unless the context otherwise requires, the definitions contained in section 2 of the West Pakistan Employees' Social Security Ordinance, 1965, shall apply. Regulation 3 of the Regulations provides that the occupational diseases which may cause an employment injury within the definition contained in section 2 (10) of the Ordinance, shall be the diseases named in column (1) of the schedule which reads thus--‑ "LIST OF PRESCRIBED DISEASES Name of disease Abbreviation Occupation

1. Anthrax AX The handing of wool, hair or skins or other animal pro ducts, or contract . with animals infected with an thrax,.

2. Twister's cramp Twist C Twisting of cotton (including worsted yarns), involving prolonged periods of repeat ed muscular action.

3. Byssinesis BYS Employment in cotton rooms blowing or card rooms, in factories where the spin ning of raw or waste cotton is carried on, ‑ involving exposure to the inhalation of dust containing fibres and foreign matter."

3. A bare perusal of the aforesaid. provisions of law would show that only such occupational diseases as are specified in the Regulations can be legally categorised as "employment injury". Under the Regulations, only three diseases namely, Anthrax, Twister's Cramp and Byssinesis have been specified as occupational diseases for the purposes of being treated as employment injury within the meaning of section 2(10) of the Ordinance. Tuberculosis not being so specified cannot be treated in law as an employ ment injury under the Ordinance. The learned Judge of the Punjab Social Security Court failed to appreciate and consider the scope of section 2(10 of the Ordinance, in treating the disease of tuberculosis as occupational disease merely on the ground that it is a very dangerous disease and that the Ordinance being a beneficial or remedial legislation conceived as to ameliorate the lot of the working class should be interpreted in favour of the workers. The learned Judge of the Punjab Social Security Court also overlooked one of the cardinal principles of interpretation that where meaning of a word or term used in a statute is clear or unambiguous, the Court cannot go beyond them and has to take them in their ordinary dictionary meaning. The provisions of section 2(10) of the Ordinance are plain; certain and free from any ambiguity so that a bare reading of it would suffice that an injury not specified in the Regulations cannot be treated as employment) injury. It is, therefore, difficult to hold that tuberculosis is an occupational , disease within the ambit of section 2(10) of the Ordinance.

4. Rehmat Khan, General Secretary of the Mazdoor Union, however, took up the plea that the Social Security Institution is collecting enormous amount as contribution from the employers for the benefit of secured persons and, therefore, the Institution ought to have included this disease as occupational disease in the Regulations. I am afraid, this Court cannot declare the provisions of the Regulations .ultra vires, merely on compas sionate ground or on account of hardship faced by the workers. The res pondent may, if so advised, move the Governing Body of the Social Security Institution or the Government for seeking appropriate amendment in the Ordinance or the Regulations.

5. In view of the above, the impugned order dated 16th August, 1977 of the Punjab Social Security Court is set aside and the appeal is accepted with no order as to costs. Appeal allowed.