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1985 Supreme(SC) 47

P.N.BHAGWATI, RANGANATH MISRA
Calcutta Dock Labour Board – Appellant
Versus
Sandhya Mitra – Respondent


Advocates:
D.N.MUKHERJI, Mahabir Singh

Judgment

RANGANATH MISRA, J.:- Special leave granted.

The short question which tails for decision in this appeal is whether gratuity payable to a workman employed under the Calcutta Dock Labour Board (hereinafter referred, to as Board) is attachable for satisfaction of a decree of the Court, Mr. Safiur Rehman was a dock worker and gratuity was payable to him under one of the three prevailing schemes of the Board. Respondent 1 filed a suit before the Court of Small Causes at Calcutta asking for recovery of a sum of money against the widow and son of the said Md. Safiur Rehman after his death and prayed for attachment of the gratuity payable to the said workman. The Court made an order and called upon the Board to withhold payment of the amount whereupon the Board pointed out to the Court that gratuity was not liable to attachment. On receipt of such intimation, the Court made an order requiring the Board to show cause as to why it may not be proceeded against for disobedience of the Courts direction. The Chief Judge of the Court of Small Causes examined the objection against attachment and overruled the same. Against the rejection of the objection the appellants moved the High Court a
















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