TMI Blog1975 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... r hearing the objections the interim attachment in respect of bonus due to the first judgment-debtor was made absolute and the attachment of the amounts due to the judgment-debtors 2 to 4 who are the appellants here was raised. The decree holder thereupon filed A. S. No. 115 of 1973, before the Additional District Judge, Parur. The appeal was allowed and the order raising the attachment was vacated as against judgment-debtors 2 to 4. The present Second Appeal is filed by judgment-debtors 2 to 4 against the above order. 2. The contention raised in the appeal is that the bonus amounts due to the appellants are not liable to attachment in view of Section 60(1)(h) of the C. P. C. Under Section 60(1)(h) of the C. P. C. the wages of labourers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eraswami J. (as he then was) referred to the decision of the Mysore High Court in P. Nathmal v. Dhasarath AIR 1959 Mys 96 and observed- Quite apart from that, I am of the view that bonus, having regard to recent developments in the law relating to labour relationship, would be included in wages. Payment of bonus is a method of payment of wages. No doubt, payment of bonus is conditional upon payment of wages. But once bonus is paid, it has the true attribute of wages. The rulings in Ganapathia Pillai v. Swaminatha Pillai AIR 1969 Mad 440 and P. Nathmal v. Dhasarath, AIR 1959 Mys 96 were Followed in P. Krishna Rao v. Thimtirshakhan AIR 1970 Mad 135. The Andhra High Court had also occasion to consider the question involved in I. Nara ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t is true that the definition of 'wages' in the Payment of Bonus Act does not include bonus. But that is because for the purpose of that Act bonus has to be distinguished from wages and has to be determined in relation to the wages paid to the employee. The fact that bonus is specifically excluded from the definition of wages in Section 2(21) of the Act itself signifies that but for such exclusion bonus would fall under wages . 5. A more appropriate enactment for reference for the purpose of deciding whether 'wages' in Section 60(1)(h) Civil Procedure Code include bonus, is the Payment of Wages Act, Section 2(vi) defines wages. The relevant portion of the definition runs- 3. (vi) (a) any remuneration payable under any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at remuneration payable to an employee under an award or settlement amounts to wages within the meaning of this definition. Similarly, bonus paid to the employees under an award amounts to wages. That is the effect of Sub-clause (1). Any additional remuneration payable under the terms of employment is covered by Sub-clause (c) and it is made clear by this sub-clause that it would be treated as such additional remuneration even if it is called a bonus or by any other name. Sub-clause (1) refers to bonus which is not such additional remuneration, it is bonus to which the employees are entitled under the principles evolved by industrial adjudication. This bonus may by under a scheme of profit sharing or otherwise. If such a bonus forms part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, 'bonus' due to a person would become exempt from attachment only if he is a labourer. There is no evidence as to the nature of the work which the appellants do and whether it requires any skill or training. Neither the executing court nor the lower appellate court has adverted to this aspect. The question whether the appellants are labourers should be decided before holding that bonus payable to them is or is not liable to be attached. I set aside the order of the lower appellate court and remand the case to the executing court for fresh disposal. An opportunity will be given to the parties to establish whether the appellants 1 to 3 are labourers or not coming under Section 60(1)(h) of the C. P. C. The appeal is allowed as abo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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