KUPPUSWAMY Vs. YELLAMMAL

JUDGEMENT

(1.) The suit out of which this revision petition arises was instituted by the respondent for the recovery of Rs.725 due on a promissory note proved to have been executed by the defendant who was a painting worker in KGF. The trial Court decreed the suit which was confirmed by the learned Civil Judge in his judgment dated 11th September 1967 in RA. No.23 of 1967. This revision petition is directed against that judgment.

(2.) During the trial, an application under Or.38, R.5 CPC. was filed seeking an attachment before judgment, of the service and termination gratuity and voluntary retirement compensation payable to the defendant by his employer. The trial Court passed the order attaching the said amounts. But before the order was served, the service and termination gratuity were already paid and the attachment order continued only to the extent of the amount payable under the voluntary retirement scheme. The defendant filed an application for raising the attachment on the ground that he was a labourer working in the KGF. Mines and the amount that is attached is payable under the voluntary Retirement Scheme, which represents his earned wages, exempted from attachment under S.60(1) (h) CPC.

(3.) The facts proved in the case are these: The defendant was a worker in the Nandidurga Mines at KGF. He was retired on 16-2-1955 under a scheme called the 'Voluntary Retirement Scheme'. On such retirement, the defendant is entitled to special compensation calculated at fifteen days' wages for every year of his service which comes to about Rs.810 including the special compensation D.A. calculated at the rate of Rs.2.50 for like period. The sole point for consideration is whether this special compensation amount represents the 'wages' of the defendant which is protected from attachment within the meaning of S.60(1) (h) CPC.