KUNJAMMA GEORGE Vs. VELAYUDHAN

JUDGEMENT

(1.) This petition has been referred to a Division Bench by Raman Nayar, J., on the ground that the matter involved is one of considerable general importance and that is how it has come up before us.

(2.) The plaintiff - decree holder in S.C.S. 231 of 1958 on the file of the Munsiffs Court, Parur is the Revision Petitioner. He had instituted a suit for amounts due by the defendant on some chitty transaction and had also applied for attachment before judgment of certain amounts due to the defendant by way of bonus from the F.A.C.T. Company, where the defendant was an employee. The defendant opposed the application on the ground that the amount is not liable to be attached. The learned District Munsiff dismissed the petition on the ground that the bonus paid by the company to its labourers forms part of their wages and is not liable to be attached tinder S.60 (h) C.P.C. and also held that the defendant who is a junior operator must be deemed to be a labourer within the meaning of the section.

(3.) Two points were raised in this petition: