ITTA NARASIMHA RAO vs AKULA MAHALAKSHMIAH — 1970 PLC 681

Citation: 1970 PLC 681

Court: Andhra Paradesh High Court

Year: 1968

Decision Date: 1968-10-25

Parties: ITTA NARASIMHA RAO vs AKULA MAHALAKSHMIAH

Headnotes

Case cited as 1970 PLC 681

Judgment Text

Court Name: Andhra Paradesh High Court Judge(s): Venkatesam Title: ITTA NARASIMHA RAO vs AKULA MAHALAKSHMIAH Case No.: Civil Revision Petition No. 1955 of 1967 Date of Judgment:1968-10-25 Reported As: 1970 PLC 681 Result: Petition is allowed JUDGMENT JUDGMENT The facts in this Revision Petition are few and beyond dispute. The decree-holder (respondent before me) filed an E. P. under Order XXI, rules 46 and 48, Civil Procedure Code, for attachment of the bonus of the petitioner (judgment-debtor) declared as due to him by the Andhra Cement Company Limited, Vijayawada (hereinafter referred to as "the company"), for the year 1965, by the issue of a propitiatory order. It was resisted by the judgment-debtor on the ground that bonus is not liable to attachment under section 60 (1) (h), Civil Procedure Code. The judgment-debtor is admittedly an unskilled workman, getting a monthly remuneration of Rs. 164 including all allowances. As per the Standing Orders of the company, he is not entrusted with any clerical or technical work, requiring exercise of powers of intellect or skill; and his services are utilised only for doing manual labour. It has been found by the learned District Munsiff, and it has not been disputed before me, that the remuneration paid to the judgment-debtor every month is "wages of labour" within the meaning of section 60 (1) (h) of the Civil Procedure Code. The argument on behalf of the decree-holder, which found favour with the District Munsiff, was that the…

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