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G. Narayan Rao v. Smt. V.R Nagamani
Factual and Procedural Background
The revision petitioner (described as the judgment-debtor and identified in the opinion as working in H.A.L factory) challenged an order dated 12 April 1993 passed by the VI Additional City Civil Judge, Bangalore in Ex. C. 10038/92. The impugned order directed attachment of the gratuity amount due to the judgment-debtor. The court record notes that Sri S.R. Shinde was heard and that the respondent, although served, was absent. The revision petition sought to set aside the attachment of gratuity ordered by the City Civil Judge.
Legal Issues Presented
- Whether the gratuity amount payable to the judgment-debtor is liable to attachment in execution of a decree.
- Whether Section 60(g) (as referred to in the opinion) and Section 13 of the Payment of Gratuity Act, 1972, preclude attachment of gratuity payable to an employee (noting the petitioner works in H.A.L factory).
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
The court evaluated the lawful basis for attachment relied upon by the learned VI Additional City Civil Judge. The City Civil Judge had stated that the word "wages" does not include gratuity and referred to Explanation-IV to Section 60 (Civil Procedure Code) to conclude that gratuity was not encompassed. The revisional court found that the learned City Civil Judge had not examined the relevant statutory provisions properly.
The court relied on two statutory provisions referred to in the opinion:
- Section 60(g) (as cited in the opinion): which the court states "clearly says that stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer shall not be liable for attachment."
- Section 13 of the Payment of Gratuity Act, 1972 (as cited in the opinion): which the court states "clearly says that the gratuity payable under this Act to an employee in any factory, mine, etc., shall not be liable for attachment." The opinion notes the petitioner is employed in H.A.L factory and thus the gratuity is covered by this provision.
Applying these statutory provisions to the facts, the court concluded that the gratuity in question is not liable to be attached in execution of the decree and that the earlier order directing attachment was therefore legally unsustainable.
Holding and Implications
The revision petition is allowed and the order dated 12 April 1993 of the VI Additional City Civil Judge, Bangalore ordering attachment of the gratuity is set aside.
Implications: The direct effect is that the gratuity amount due to the judgment-debtor is protected from attachment under the statutory provisions cited in the opinion (Section 60(g) as referred to in the opinion and Section 13 of the Payment of Gratuity Act, 1972). The opinion does not discuss broader doctrinal implications or the creation of new precedent beyond the resolution of the revision petition.
1. Heard Sri S.R Shinde. Admitted. The respondent, though served, is absent. Heard Sri S.R Shinde on merits.
2. The revision petitioner-judgment-debtor has challenged the order, dated 12 April 1993, passed by the learned VI Additional City Civil Judge, Bangalore in Ex. C. 10038/92 ordering attachment of the gratuity amount due to the judgment-debtor. The learned City Civil Judge has stated in his order that the word “wages” does not include gratuity. He has also stated in his order that in view of Explanation-IV to S. 60, Civil Procedure Code, the word wages gratuity is not included. It is obvious the learned City Civil Judge has not looked into the relevant-provisions properly. Section 60(g) clearly says that stipends and gratutities allowed to pensioners of the Government or of a local authority or of any other employer shall not be liable for attachment. This apart, S. 13 of the Payment of Gratuity Act, 1972, clearly says that the gratuity payable under this Act to an employee in any factory, mine, etc., shall not be liable for attachment (revision petitioner-judgment-debtor working in H.A.L factory) in execution of any decree. For these reasons, the order of the learned City Civil Judge, ordering attachment of gratuity, is set aside. Revision petition allowed accordingly.
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