This is an application under section 50 of the Industrial Relations Ordinance, 1969, for interpretation of a settlement arrived on 26th December 1969, between Ahmed Abdul Gani Textile Mills Employees'
Union and the Mills. The paragraph, which requires interpretation according to Mr. Shafiq, the learned Advocate for the Union; is as under:-- "The demand for Bonus for the year 1969 was also discussed by the parties in spite of the fact that it is not included in the said strike notice and both the parties have agreed 24 days' bonus on average wages earned during the year 1969. The wages means, basic and dearness allowance."
2. The only difference between the parties is about the number of days' bonus that one has to receive and also as to what is the meaning of "average wages" occurring in the paragraph, reproduced above.
3. To my mind, there is no difficulty so far as the number of days' bonus a workman has to get in 1969. A workman, who has put in a year's service in 1969, will get 24 days' bonus.
4. So far as the interpretation of the term of the expression of "average wages" is concerted, one has to see to .the intention of the parties themselves as to what they meant. This is defined in paragraph 3 of the settlement arrived at on 26th December 1969. It runs as under:- The wage shall mean the basic wage and dearness allowance. The average daily rate shall be the total amount earned divided by number of days actually worked by the worker concerned in the year 1968."
5. It is well-settled rule of interpretation of a document that if an expression has been given a particular meaning in that document then the same meaning should be given everywhere in that document wherever that term occurs, unless there something contrary to suggest another meaning. I have gone through the whole document. There is nothing contrary suggest that the parties intended some other meaning to be given to "average wages" occurring in the paragraph, which I haven reproduced above. I would interpret "average wages" occurring in the paragraph reproduced above to mean the total amount earned by a workman divided by number of days actually worked by him in the year 1969.
6. In the result, my interpretation is that every worker, who had put in a year's service 1969, will be entitled to 24 days' bonus, calculated on the total amount earned by him divided by the number of days that he has worked in the year 1969.