THANKAVELU Vs. RAMESH BABU

JUDGEMENT

(1.) Whether the petitioner who makes bread and other bakery products, all by himself, for distribution/sale will qualify as a labourer for the purposes of Section 60 (12) (c) of the Code of Civil Procedure is the question which arises for consideration in this writ petition under Article 227 of the Constitution.

(2.) The learned Munsiff under Ext. P3 order repelled the claim of the petitioner that he is a labourer and therefore his immovable property under personal occupation is exempt from attachment and sale. In his evidence as P. W. 1, the petitioner-Sri. Thankavelu conceded that he owns a bakery by name 'thankavelu Bakery' at velanthavalam and distributes the products, bread and biscuits to other bakeries and shops in the locality. It became evident in the case that manual labour is put in by the petitioner in his bakery and that he does not have anybody else to assist him in his work. The learned Munsiff obviously thought that the property of a person who makes bakery items in a fairly large scale and supplies his products to other bakeries cannot be given immunity from attachment and sale which is intended by the Legislature to be given only for labourers who labour for wages.

(3.) I do not find any infirmity in the view taken by the learned Munsiff. The petitioner may be putting in manual labour. But he labours for profit and not for wages or remuneration. In order that a person shall qualify as a labourer for the purposes of section 60 (1) (c) of the Code, he has to work for wages or remuneration and not for profit. There is sufficient support in section 60 itself for the view that labourers and domestic servants who are bracketed along with agriculturists in the Section 60 should be persons drawing wages, whether it be in money or in kind. (See Section 60 (1) (h) and also Explanations IV and VI to the proviso to Section 60 (1). A baker who makes bread and biscuits for being supplied to other bakeries and shops, works for profit. A self-employed labourer, however hard he labours, will not qualify as labourer for the purposes of Section 60 of the Code of Civil Procedure.