CALCUTTA DOCK LABOUR BOARD AND ANR. versus SMT. SANDHYA MITRA AND ORS.

CALCUTTA DOCK LABOUR BOARD AND ANR. versus SMT. SANDHYA MITRA AND ORS.

Gratuity payable to a workman under the Calcutta Dock Labour Board is protected by section 13 of the Payment of Gratuity Act, 1972, and is not liable to attachment in execution of any decree or order of a court. The Act has overriding effect by virtue of section 14, and in the absence of a specific exemption...

Source-derived case information.

Parties
Appellant: Calcutta Dock Labour Board and Another; Respondent: Smt. Sandhya Mitra and Others
Jurisdiction
India
Judgment Date
11 February 1985
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From Order of Calcutta High Court
Outcome
Appeal allowed
Legal Topics
Attachment of Gratuity, Payment of Gratuity Act, Immunity From Attachment, Execution of Decree
Labour Law Civil Procedure Attachment of Gratuity Payment of Gratuity Act Immunity From Attachment Execution of Decree

Source-derived case record

Summary, issues, holding and outcome

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Parties

Calcutta Dock Labour Board and Another

Appellant

Smt. Sandhya Mitra and Others

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From Order of Calcutta High Court

Legal Issues

  1. 1 Whether gratuity payable to a workman employed under the Calcutta Dock Labour Board is attachable for satisfaction of a decree of the court

Ratio Decidendi

Gratuity payable to a workman under the Calcutta Dock Labour Board is protected by section 13 of the Payment of Gratuity Act, 1972, and is not liable to attachment in execution of any decree or order of a court. The Act has overriding effect by virtue of section 14, and in the absence of a specific exemption notification under section 5, gratuity is immune from attachment.

Court Disposition

Appeal allowed

Orders

  • The orders of the Chief Judge of the Small Causes Court and the Calcutta High Court set aside; gratuity payable to Md. Safiur Rehman is not liable to attachment; parties to bear their own costs.