1950 Present: Dias S.P.J., Nagalingam J. and GRATIAEN J.

YAKOOB BAI, Appellant, and SAMIMUTTU, Respondent

S. C. 381-D. C. Kandy, M. S. 1,972

Civil Procedure Code (Cap. 86)-Section 218 (j)-Execution of decree to pay money- Judgment-debtor, a Head Kangany-Seizure of his wages, dearness allowance-and pence money-Invalidity of such seizure-Meaning of "labourer "- Service Contracts Ordinance (Cap. 59), Section 2-Estate Labour (Indian) Ordinance (Cap. 112), Section 3.

In execution of a money decree entered, against the defendant, the plaintiff seized the wages, dearness allowance and pence money of the defendant. It was established that the defendant was a Head Kangany who did no manual or physical work of any kind and that his duty was to supervise labourers who did the manual work.

Held, (Gratiaen J. dissenting), that an estate kangany employed merely to supervise a number of estate labourers is a " labourer " within the meaning of section 218 (j) of the Civil Procedure Code and that the seizure was, therefore, not valid.

APPEAL from a judgment of the District Court, Kandy. This case was referred to a Bench of three Judges owing to; a