SHREEDHARAN Vs. KRISHNAN

JUDGEMENT

(1.) Revision petitioner is the judgment debtor in E.A. 727/85 in E.P. 290/84 in O.S. 827/79 of the Munsiff Court, Sherthallai. The E.A. was filed for attaching the bonus due to the judgment debtor. Judgment debtor contended that the bonus due to him is not liable to attachment. The executing court overruled the objections and made absolute the order of attachment.

(2.) The short question that falls for decision in this revision petition is as to whether the bonus due to the revision petitioner a salaried employee is attachable or not. The contention of the revision petitioner is that the bonus due to a skilled worker like him is not attachable. Revision petitioner is a driver of the Kerala State Road Transport Corporation (K.S.R.T.C.). Counsel for the respondent contends that the revision petitioner gets monthly salary from the K.S R.T.C. and so the bonus due to him is liable to attachment.

(3.) Under S.60(1)(h) CPC. the wages of labourers and domestic servants, whether payable in money or kind are exempted from attachment. Explanation IV makes it clear that for the purposes of the proviso "wages" includes bonus, and "labourer" includes a skilled, unskilled or semi skilled labourer. Counsel for the revision petitioner argued that the driver of the K.S.R.T.C. bus is a skilled worker and therefore his wages are exempt from attachment. Counsel for the respondent contended that the revision petitioner being a salaried employee cannot claim benefit under S.60(1)(h) and explanation.4.