LAWS(KAR)-1958-1-7

PNATHMAL SANCHETHI Vs. DASARATH

Decided On January 29, 1958
P.NATHMAL SANCHETHI Appellant
V/S
DASARATH Respondents

JUDGEMENT

(1.) These are connected revision petitions. The decree-holders are the petitioners and the respondents are the judgment-debtors. The judgment-debtors are the workmen in the Gold Mines in the Kolar District. As per the agreement dated 13-9-1955 and filed before the Industrial Appellate Tribunal, the Tribunal awarded certain bonus to the workmen. The decree-holders in execution of the decrees obtained by them attached the bonus due to the judgment-debtors. The judgment-debtors objected to the same. They contended that bonus is part of '"wages" and the same is protected by Section 60(1)(h) G.P.C. The learned Munsiff, K.G.F. accepted this contention and raised the attachments. The petitioners have come up in revision as against those orders.

(2.) The only question that has to be considered in these revision petitions is as to whether the bonus granted to the respondents in these petitions can be said to be a part of their wages, and consequently falling within Section 60(1)(h) C.P.C. Neither the word "wage" nor the word "bonus" is defined in the Civil Procedure Code.

(3.) Before I proceed to consider the meaning of these words, it is necessary to state a few more facts. There were disputes between the workers and the management of the Champion Reef Gold Mines of India (K.G.F.) Ltd., the Mysore Gold Mining Co. (KGF) Ltd., the Kolar Gold Fields Electricity Department and the Kolar Mines Power Station (KGF) Ltd. Those disputes were pending before the Labour Appellate Tribunal. Meanwhile the representatives of workmen and the management arrived at a settlement of these disputes in the presence of the Labour Inspector (Central) KGF, on 13-9-1955. They agreed amongst other things: