Appeal No 158 of 1968
Appeal from the Judgment and Order dated February 6 1967 of the Bombay High Court in Special Civil Application No 1987 of 1965
WITH Civil Miscellaneous Petition No 1300 of 1972
Application by the Respondents for revocation of certificate granted by the High Court Soli Sorabji K D Mehta P C Bhartari and O C Mathur for the appellant
M C Bhandare Sunanda Bhandare and K Rajendra Chowdhary for respondents Nos 1 2 4 5 7 8 10 12 13 95 96 98
100 101 to 104 and 108 The Judgment of the Court was delivered by Vaidialingam J
This appeal on certificate by the Bombay Gas Co Ltd is directed against the judgment and order dated 931 February 6 1967 of the Bombay High Court in Special Civil Application No 1987 of 1965
The High Court set aside the decision of the Court of Small Causes Bombay in Payment of Wages Appeals Nos 162 and 163 of 1962 and remanded the proceedings to the Additional Authority for calculating and awarding over time wages that may be due to the respondents Nos 1 to 80 herein
The High Court further reversed the decision of the Court of Small Causes Bombay in Payment of Wages Appeal No 61 of 1963 and restored the orders passed by the Third Additional Authority in favour of the respondents Nos 8 1 to 1 1 8 herein regarding their right to get wages for weekly off days
CMP No 1300 of 1972 is an application filed by the respondents in the civil appeal for revoking the certificate for leave to appeal to this Court granted by the High Court to the appellant herein
We will briefly state the circumstances under which the appeal has come to this Court on certificate The respondents Nos 1 to 14 who were employed under the appellant as Syphon Pumpers filed on March 3 1958 before the Additional Authority 14 applications under section 15 of the Payment of Wages Act hereinafter to be referred as the Act claiming over time wages for the period February 1957 to January 1958
On the same date the respondents Nos 15 to 80 who were employed under the appellant as Mains workers filed before the same Authority 66 applications claiming over time wages for the same period
The claim was substantially based under the provisions of the Bombay Shops and Establishments Act 1948 hereinafter to be referred as the Establishments Act
The appellant raised two grounds of defence a The claims were barred by the Award Part II of the Industrial Tribunal Bombay dated March 30 1950 in Reference IT No 54 of 1949 and b
The applicants were not workmen covered by the Establishments Act
On October 13 1962 the Additional Authority held that the Award referred to by the Company was no bar to the said employees claiming over time wages
But the said Authority accepted the contention of the Company that the applicants are not covered by the Establishments Act which gives them the benefit of weekly off days with wages under section 183
In this view the applications filed by the respondents Nos 1 to 80 herein were dismissed
The said applicants filed before the Court of Small Causes
Bombay which was the Appellate Authority Payment of Wages Appeals Nos 162 and 163 of 1962 challenging the decision dated October 13 1962 of the Additional Authority dismissing their applications
During the years 1962 63 the respondents Nos 81 to 118 herein in the Civil Appeal filed 38 applications before the Third Additional Authority under section 15 of the Act claiming wages for weekly off days
The said respondents were working in Mains 932 Heating
Appliances
and Fitting Departments of the appellant
Here again the basis of the claim was under the provisions of the Establishments Act
The appellant raised the same two defences as in respect of the claim for overtime wages
The Third Additional Authority by it judgment dated April 26 1963 held that the Award Part II of the Industrial Tribunal Bombay dated March 30 1950 in Reference IT No 54 of 1949 is no bar to entertain the applications of the said employees
The said authority further held that the district office in which the said applicants were employed is a Commercial Establishment under the Establishments Act and as such they were entitled to wages for weekly off days under section 183 of the said Act
Accordingly the said authority directed the appellant to pay the amounts mentioned in the judgment to respondents Nos 81 to II 8 and also to pay certain amount by way of corn sensation
The appellant filed Payment of Wages Appeal No 61 of 1963 before the Court of Small Causes Bombay which was the Appellate authority challenging the decision of the Third Additional Authority dated April 26 1963 regarding payment of wages for weekly off days
81 to 118 were heard together and disposed of by a common judgment dated February 11 1965 by the Appellate Authority the Court of S mall Causes Bombay
It was held that the claims of all the workmen for over time wages and wages for weekly off days were barred by the Award Part II dated March 30 1950 of the Industrial Tribunal Bombay in Re ference IT No 54 of 1949 and that the
said award was still in force and binding on the parties
Accordingly the Payment of Wages Appeals Nos 162 and 163 of 1962 were dismissed and Payment of Wages Appeal No 61 of 1963 was allowed
It must however be stated that though the Appellate Authority the
under the Establishments Act The Appellate Authority held that the district office of the Company though situatedwithin the compound of the factory is a Commercial Establishment under the Establishments Act
Accordingly the Court of Small Causes agreed With the finding of the Third 933 Additional Authority that the workman were governed by the provisions of the Establishments Act and as such are entitled to the benefit conferred on them by that Act
However in view of the fact that the Claims of all the workmen were held to be barred in view of the award in Reference IT No 54 of 1949 the workmen s appeals were dismissed and the appeal  filed by the company was allowed
As stated earlier the decision of the court of small causes resulted in the dismissal of all the applications filed by the workmen before both the Additional Authority and the Third Additional Authority
All the 118 workmen filed before the Bombay High Court Special Civil Application
No 1987 of 1965 under articles 226 and 227 of the Constitution for quashing the judgment of the Court of Small Causes Bombay dated February 11 1965
By its judgment and order dated February 6 1967 the High Court held that neither the claim of the respondents Nos 1 to 80 for over time wages nor the claim of the respondents Nos 8 1 to 1 1 8 for wages for weekly off days was barred by the Award Part 11 dated March 30 1950 in Reference IT No 54 of 1949
So far as the respondents Nos 1 to 80 were concerned the High Court has set aside the judgment of the Court of Small Causes Bombay is well as the order dated October 13 1962 of the Additional Authority and remanded their applications to the latter for ascertaining and decreasing the amount of over time wages that may be due to them
Regarding the respondents Nos 8 1 to II 8 the High Court has set aside the judgment of the Court of Small Causes Bombay and restored the order dated April 26 1963 of the Third Additional Authority recognising their claim for wages for weekly off days
It is seen from the judgment of the High Court that the Company did not challenge the finding of the Court of Small Causes that the workmen are employed in a Commercial Establishment and as such are entitled to the benefits of the provisions of the Establishments Act
The High Court has also stated that the reason given by the counsel appearing for the Company for not challenging that finding was that it was not open to the Company which was I respondent in the writ petition to challenge the said finding in those proceedings
Therefore the High Court has adjudicated upon the only question whether the Award bars the claims of the workmen as held by the Court of Small Causes
On this point as pointed out earlier the High Court disagreed with the decision of the Court of Small Causes
The appellant filed on April 6 1967 in the High Court Application No 869 of 1967 praying for the grant of a certificate of fitness to enable it to appeal to this Court In the application of the appellant after setting out the nature of the applications filed before 934 the Additional and Third Additional Authorities the amounts claimed by the work men the decision of the said two Authorities as well as the judgment and order of the Court of Small Causes and the High Court it was stated that the amount or value of the subject matter before all the Authorities in the appeals as well as in the High Court and still in dispute in the proposed appeal to this Court was Rs 20000 and upwards
It was further stated that in any event the case is a fit one for appeal to this Court
Accordingly the appellant prayed for the grant of a certificate that the amount or value of the subject matter in the said Special Civil Application applications before the Additional and Third Additional Authorities in the appeals before the Court of Small Causes and in dispute in the proposed appeal to this Court was Rs 20000 and upwards or in the alternative on the ground that the case is a fit one for appeal to this Court
It will be seen that though the appellant did not specify under which clause of article 1331 the certificate was asked for nevertheless a perusal of the averments made in the petition and the prayers made therein show that the appellant was asking for a certificate under clauses a and or c of article 1331
The High Court after hearing all parties by its order dated October 19 1967 directed a certificate to issue under article 1331b of the Constitution
The respondent ha filed CMP No 1300 of 1972 requesting this Court to revoke the certificate granted to the appellant by the High Court on October 19 1967
If the certificate is revoked that will result in our holding that the appeal is not competent
Hence we will deal with the application for revocation of the certificate
In the affidavit filed in support of the application for revocation the following averments are made The appeal refers to two sets of claims which are separate and independent of each other one for over time wages and the other for wages for weekly off days
The applications in respect of these two different claims were filed by the concerned workmen before two different Authorities under the Act and were also disposed of separately by those Authorities
Separate appeals were preferred before the Court of Small Causes
Though a common judgment was delivered by the Court of Small Causes the two sets of claims have been dealt with independently and separately in the judgment as there were separate and different appeals
The claim for weekly off days wages comes only to Rs 6675 and that was the value of the subject matter before the Third Additional Authority and in the appeal before the Court of Small Causes as well as in the writ petition before the High Court
The same is the value of the subject 935 matter of the appeal to this Court
The value of the subject matter of the claim in respect of over time wages was only Rs 10660 before the Additional Authority and in the appeals before the Court of Small Causes in the High Court as well as in the appeal before this Court
The value of the subject matter of neither of the two separate and distinct claims is Rs 20000 and even if both the claims are added the value of the subject matter is less than Rs 20000
It was in view of this circumstance that the High Court did not grant a certificate under Art1331a
The High Court did not consider the case as a fit one for appeal to this Court and hence no certificate was granted under Art1331c
What has weighed with the High Court in granting a certificate under Art1331b is the circumstance that the nature of the demands made by the workmen were such that they are recurring claims arising in the future also and as such the final judgment and order in the writ petition involve directly or indirectly a claim respecting property of the value of not less than Rs 20000
This view of the High Court is erroneous and contrary to the decisions of this Court and as such the grant of  certificate by the High Court is erroneous
Along with the application the respondents have filed a statment to show that the value of the subject matter of the claim regarding over time wages does not exceed Rs 10660
At this stage it may be mentioned that according to the appellant this schedule deals only with the claims made by the Mains workers and it does not include the amount claimed by the 14 Syphon Pumpers
In this affidavit the averments made are as follows  Though the appeal has been
pending in this Court for a considerable time the respondents have filed the application for revocation of the certificate only when the appeal was about to be heard
It is pointed out that the respondents opposed before the High Court the application for grant of certificate on the ground that the aggregate of all claims put together amounts only to Rs 1767880 P and hence no certificate should be granted
The appellant had filed a rejoinder giving details regarding the value of the subject matter of the appeal to this Court
As per the particulars given therein the value of the subject matter of the entire claim in respect of overtime wages weekly off days wages and compensation is of the value of Rs 2682209
Therefore the amount or value of the subject matter in dispute in the court of the first instance and still in dis pute in the appeal is Rs 2682209 which is well over the prescribed limit of Rs 20000
The claim for weekly off days wages at the rate claimed by the workmen on the date of the judgment of the High Court that is February 6 1967 became crystalised in the aggregate amount of over Rs 30000
Similarly the claim 936 for over
time wages as a result and effect of the judgment of the High Court as on the date of the decision in the writ petition also exceeds the sum of Rs 20000
The respondents raised a controversy regarding the amount or value of the subject matter in dispute before the High Court in application No 869 of 1967
But inasmuch as the recurring claims of both weekly off days wages and over time was at the time of the High Court s judgment in the writ petition on February 6 1967 had crystalised into amounts exceeding Rs 20000 the High Court issued the certificate under Art1331b and that the certificate so issued under the said Article is perfectly valid
We have set out fairly elaborately the claim made by the resPondents in CMP No 1300 of 1972 for revoking the certificate granted by the High court as well thedefence pleaded by the appellant to that application
But from the material averments made by the appellant in its application before the High Court for grant of certificate it is to be gathered that the prayer was substantially on the ground that the amount or value of the subject matter of the applications before the Payment of Wages Authorities in the appeals before the Court of Small Causes in the writ petition before the High Court and still in dispute in the proposed appeal to this Court was Rs 200001 and upwards
This prayer will bring the application under article 1331 a
In the alternative the certificate was prayed for on the ground that the case is fit one for appeal to this Court
This prayer will come under article 133 1 c
The request of the appellant for grant of certificate on the above basis was opposed by the respondents herein on the ground that the amount or value of the subject matter before all the Authorities the Court of Small Causes the High Court and in dispute in the proposed appeal before this Court was far below Rs 20000 and as such the matter does not come under article 1331 a
It was also averred that there was no substantial question of law of any great importance arose for consideration so as to attract article 133 1 c
After giving details regarding the nature of the claims made by the workmen both as over time wages and weekly off days wages it was stated that the claim fell far short of the sum of Rs 20000 
As the High Court had only adjudicated upon that claim in the writ petition the respondents pleaded that the judgment of the High Court does not involve directly or indirectly any claim or question respecting property of the value of Rs 20000 or more
The High Court on October 19 1967 granted the certificate in the following terms Certificate to issue under article 133 1b of the Constitution
Costs in the Supreme Court appeal
 937 From the above it will be seen that the High Court has not given any indication as to how it issued the certificate under article 1331b
a or el
c of article 1331
On the basis of the claims made by the workmen as over time wages and weekly off days ages for the particular periods the appellant had calculated at the same rate for even subsequent periods till the date of the judgment of the High Court and claimed that the amount or value in dispute in appeal to this Court is over Rs 2682209 p
The appellant had also raised a point in its further affidavit before the High Court that it will have to meet in future also claims from its workmen and as such it will have to face a recurring liability
On this basis the appellant has raised a plea that the judgment of the High Court involves directly or indirectly a claim or question respecting property of the value of Rs 20000 and more
In view of the fact that the High Court has granted the certificate under article 1331b it has to be presumed that it has accepted the appellant s plea that a certificate could be granted under the said clause when there is a recurring liability which if calculated for subsequent years will be at least Rs 20000 and more
The question is whether under circumstances the certificate granted under article 1 3 3 1 b by the High Court is proper and valid
It is significant to note that in paragraph 7 of the petition of appeal filed in this Court the appellant has stated that it is not possible to estimate at a money value the subject matter of dispute in the appeal
Accordingly it has paid only a fixed court fee Rs 250 as per the rules
In the claim statement filed by the appellant before the High Court if has stated that Rs 667584 is claimed as weekly off wages by the respondents Nos 80 to 118 and a sum of Rs 1822125 is claimed by the respondents Nos 1 to 80 as over time wages
These two different claims were not consolidated before th Authorities because the claim for weekly off wages was dealt with by the Third Additional Authority and the claim for over time wages was dealt with by the Additional Authority
According to the Union the claim for over time wages does not exceed Rs 10660 But it is not necessary for us to go further into this aspect as article 1 331a is out of the picture
The appellant relying on the calculation filed by it before the High Court has further stated in its affidavit dated February 18 1972 filed in opposition to the application for revocation that on the basis of the claim for weekly off wages in the sum of Rs  667584 p for one year if calculated for the subsequent years Up to February 16 1967 the date of the judgment of the High Court 938 the amount will aggregate nearly Rs 30000 
Similarly in respect
of over time wages on the basis of the claim made by the workmen if
calculated upto February 6 1967 the amount will exceed the sum of Rs 20000 
It will be seen that if the claims made before each of the Authorities for the particular periods alone are taken into account the total claims will be less than Rs 20000 
It is really that claim which was the subject of consideration by the High Court in the writ petition
Is it open to the appellant to add to the original claim made by the workmen the further amount calculated by it till the date of the judgment of the High Court and establish that as the total amount so arrived at is not less than Rs 20000  article 1331b can be invoked on the ground that the judgment of the High Court directly or indirectly involves a claim in respect of property of the value of not less than Rs 20000   Even on the basis of the valuation worked out by the appellant it is seen that the claim for over time wages which was filed before the Additional Authority was valued only at Rs 1822125 p as per the amended claim at 1 12 times of wages though according to the respondents the amount of claim does not exceed Rs 10660 
Similarly the claim for weekly off wages filed by another set of workmen before the Third Additional Authority even as per the appellant s calculation was only Rs 667584 p
The claim for over time wages and weekly off wages each of them takes separately does not exceed Rs 20000 
Though the appeals against the decision of the two Authorities were filed before the Court of Small Causes it is to be noted that separate appeals were filed by different workmen and the appellant in respect of these two different categories of claims
Though the Court of Small Causes disposed of all the appeals by a common judgment nevertheless the claim in respect of over time wages was dealt with apart and different from the claim for weekly off wages
Even before the High Court though one writ petition was filed by all the workmen the claims under two different heads for over time wages and weekly off wages were dealt with separately by the High Court
It is not as if that the reasons given by the High Court for upholding the claims for over time wages automatically resulted in the allowing of the claim for _weekly off wages also
In fact entirely different considerations apply for the two different sets of claims and that has been kept in view by the High Court
Though ultimately the High Court has delivered only a common judgment nevertheless the decision related to two different sets of claims each having nothing in common with the other
Therefore it was not open to the appellant to ask this Court to proceed on the basis that there was only one single and common claim dealt with by the High Court in its judg ment
Therefore there was no question of any consolidation Of all the claims before the High Court
In this view it will be seen 939 that even according to the calculations made by the appellant the value of the subject matter of the claim with respect to over time wages can only be the same as was before the Additional Authority namely Rs 1822125 p which is less than Rs 20000 
Similarly the amount or value of the claim which was adjudicated upon by the High Court in respect of weekly off wages was also of the same value as Rs 667584 p as was the case before the Third Additional Authority which claim is also less than Rs 20000 
Therefore considering the matter from this point of view it is clear that the value of the subject matter of the claim before the High Court in respect of each of these matters was less than Rs 20000 
The appellant as mentioned earlier has calculated at the same rate as claimed for over time wages and weekly wages for subsequent years upto the date of the judgment of the High Court and has stated that so calculated the amount or value of the subject matter of the claim relating to weekly off wages exceeds Rs 30000 
Similarly the amount or value of the subject matter of the claim of over time wages exceeds Rs 20000 and hence it is stated that the judgment of the High Court involves directly or indirectly a claim or question respecting property of the value of Rs 20000 and more
Mr M C Bhandare learned counsel for the respondents in support of the application filed for revocation of the certificate has urged that before the High Court there was no claim or question arising for consideration excepting the subject matter of overtime wages and weekly off wages claim for a particular period by the workmen
No claim for any further period has been made by them nor did it arise for consideration before either the Authorities the Court of Small Causes or the High Court
Nor does such a claim arise for consideration in the appeal to this Court
There fore he pointed out that the judgment of the High Court does not either directly or indirectly involve any claim apart from what was the subject matter of dispute between the parties
The High Court not having granted the certificate under article 1331a it follows that the amount or value of the subject matter of the dispute before it or on appeal to this Court was not Rs 20000 or above
Clause c of article 1331 also stands excluded as the High Court has not granted the certificate on the ground that the case is a fit one for appeal to this Court and as Mr Sorabji learned counsel for the appellant has represented that he is not relying on that clause
In order to attract article 1 3 3 1 b under which the certificate has been granted the essential requirement is that there must be involved in the appeal to this Court a claim or question respecting property of the value of not less than Rs 20000 in addition to or other than the subject matter of the dispute
In this case this condition is not satisfied
It is laid down in that decision as follows The variation in the language used in cls
a and b of article 133 pointedly highlights the conditions which attract the application of the two clauses
Under ela what is decisive is the amount or value of the subject matter in the court of the first instance and still in dispute in appeal to the Supreme Court  under el
If in a proposed appeal there is no claim or question raised respecting property other than the subject matter el
a will apply if there is involved in the appeal a claim or question respecting property of an amount or value not less than Rs 20000 in addition to or other than the subject matter of the dispute el
b will apply From the facts stated in the above decision it is seen that the appellant therein pleaded oil an alternative basis that the claim in the appeal exceeded Rs 20000 
That alternative claim was on the basis of adding interest at 6 per annum to his original claim as awarded by the trial court whose decree he wanted to be restored in the appeal
not open to the appellant to plead that the valuation in the appeal exceeds Rs 20000 
From the decision cited above the following principles emerge 1 In order to attract article 1331b the property respecting which the claim or question arises must be property in addition to or other than the subject matter of the dispute
2 If in the appeal to this Court there is no question or claim raised respecting the property other than the subject matter then cla of article 133  1 will apply
941 3 Adding future interest or possible further claims to the original value of the subject matter till the date of the judgment of the High Court and which items are not the subject of consideration by the High Court will not enable a party to plead that the claim so calculated exceeds Rs 20000 
This is not permissible as the addition of interest or calculation of further possible claims are all related only to the original subject matter which is still in dispute
In A V Subramania Ayyar vs Sellammal1 under s110 of the Code of Civil Procedure it was pleaded that though the Subject matter of the dispute in the court of first instance was less than Rs 10000  the final decree of the High Court involved a claim to property of over Rs 10000 in value
This value at the relevant time was for purposes of appeal to the Judicial Committee of the Privy Council
The appellant added the mesne profits which according to him must be considered to have accrued subsequent to the date of the original claim made in the suit
So adding the appellant therein pleaded that the decision of the High Court must be considered as involving a claim to property of over Rs 10000 in value
Though if the amount of mesne profits was added the value was over Rs 10000  the High Court rejected the plea on the ground that the claim for mesne profits has not been awarded by the decree nor was it the subject matter of dispute in the appeal
It was further field that the decision of the High Court has not affected the rights of the appellant therein in any property other than the one that was the subject matter in dispute
In this view it was held that the judgment of the High Court did not directly or indirectly involve any question to any property other than the subject matter of dispute
On this grounds certificates was refused
Mr Sorabji learned counsel for the appellant accepted the principle that to attract article 1331 bthe property referred to therein must be property in addition to or other than the subject matter of the dispute
In fact lie cannot but accept this principle as it has been so laid down by this Court in Chhitarmal V MS Sheh Pannalal Chandulal2
The counsel did not rely on article 133  ia or e for the purpose of this appeal
He jointed out that as laid down by this Court in the decision referred to above the expression property in article 1331b would also take in claims regarding money
He noticed out that the appellant in this case is prejudiced by the judgment of the High Court as it will have to face recurring liability in future at the hands of its workmen on the basis of the claims made by them is over time wages and weekly off wages
It is that liability which the appellant will have to face Madras 843
2  L1061 Sup CI72 942 and which has been imposed upon it to its prejudice by the judgment of the High Court that is sought to be got rid of in the appeal to this Court
As the recurring liability or claim will be more than Rs 20000 the matter squarely falls under article 1331b and the certificate granted by the High Court is correct
Clause b of article 1331 will be attracted even if the judgment indirectly involves a claim in respect of property or money of not thin Rs 20000 
He referred us to the decision in Meghji Lakhamshi and Brothers vs Furniture Workshop1 where the Judicial Committee had to construe article 3 a of the Eastern African Appeal to Privy Council Order in Council
The latter part of this Article was as follows  or where the appeal involves directly or indirectly some claim or question to or respecting property or some civil right amounting to or of the said value or upwards
It is no doubt true that the value has to be considered from the point of view of the appellant
The property may also include money
But it is essential under article 1331b that the claim must be in respect of property or money which property or money must be different from the subject matter of the litigation
Therefore the decision of the Judicial Committee is no If much assistance to the appellant
Mr Sorabji then referred us to the decision of the Full Bench of Andhra Pradesh High Court in Smt
Rajah Kishore vs Bhaskara Gouta Chorani and others2 Dealing with cls
a and b of article 133 1 the High Court says In our opinion clause b of article 1 331 is intended to meet a situation es sentially different from that arising under clause a
Under clause a we have to look at the value of the reliefs obtainable in the suit and in the appeal
Under clause b we have to look at the effect of the judgment appealed against from the point of view of the appellant
A thing is said to be involved in another when it is a necessary resultant of that other
Stroud s Judicial Dictionary
The matters adjudicated upon in the judgment appealed from may have far reaching consequences detrimental to the property of the appellant although they were not comprised in the cause of action 1 1954 Appeal Cases 80
2 A I R 1960 AlP 286943 of the plaintiff and cannot be regarded as being still in dispute on appeal
This decision in fact emphasises quite rightly that to attract clb of article 1331 one has to look to the effect of the judgment sought to be appealed against on other properties which are not the subject matter of dispute and are not comprised as such in the litigation
Similarly the decision of the Madras High Court in Commissioner of Income tax Madras vs section L Mathias1 is also of no assistance to the appellant
The facts of the said decision show that the High Court was of the view that there is a difference of opinion between the High Courts on the effect of the Proviso 2 to section 42 of the Income tax Act 1922
The High Court was of the view that there can be no doubt that the question involved is a substantial question of law and on this basis granted a certificate of fitness
It is clear that the High Court granted the certificate on the ground that there was a substantial question of law involved in the appeal and as such it was a fit one for appeal to the Judicial Committee
Mr Sorabji then referred us to the decision of the Madras High Court in G Appuswamy Chettiar and another vs R Sarangapani Chettiar and others  2 In that case the suit was for a declaratory relief regarding the invalidity of the adoption of a particular person The certificate was asked for on the ground that the decision of the High Court involves directly or indirectly a claim or question respecting property of the value of Rs 20000 and more
It was accepted by the High Court that if leave to appeal was not granted to the petitioners therein they will lose an estate worth more than Rs 68000 though the estate itself was not directly the subject matter of dispute either in the trial court or the High Court
The High Court further held that in a suit for a declaration of adoption a claim made by the reversioners to the property cannot be considered to be too remote
It is on this ground that the certificate was granted
It is clear from the judgment of there High Court that the final decision of the High Court in that case did affect the right s of the petitioners therein to properties of the value of more than Rs 68000 
It is on that basis that the certificate was granted under article 1331b
In our opinion the decisions relied on by Mr Sorabji do not support his contention that the certificate granted by the High 1 AIR 1938 Mad 352 2 944 Court in the case before us under article 1331b is proper and valid
In fact the said decisions clearly bring out the distinction between cls
a and b of article 133 1 and they lay down that only when the judgment or final order affects property which is not the subject matter of the litigation that article 1331b apply
Those decisions are in conformity with the principles laid down by this Court in Chhitarmat vs Ms Shah Pannalal Chandulal1
It is clear that interest unless granted by the decree or the trial court cannot be notionally added to inflate the value of the claim in the appeal so as to make it appear that on the date of the judgment of the High Court the value is not less than Rs 20000 
On the same principle we have already pointed out that mesne profits which have not been decreed by the trial court cannot be added to the original claim made in the suit so as to enable a party to
plead that the value in the proposed appeal on the date of the judgment of the High Court is more than Rs20000 
We may refer to the decision of the Judicial Committee in Moti Chand and others vs Ganga Parshad Singh and an other 2 where interest awarded under the decree of the trial court was taken into account for the purpose of considering the value in the appeal before the High Court
The suit was for recovery of a certain amount together with interest
By the time the High Court s decree was made the amount at issue had reached to Rs 10636 with further contingent increment
The High Court declined to grant the certificate on the round that the amount or value of the subject matter of the suit in the court of first instance was not Rs 10000 as required by the aid section though the amount or value of the matter in dispute on appeal to Her Majesty in Council was above Rs 10000
No doubt this decision is not on the question regarding matters covered by cl1 of article 13 1
But we are only referring to this decision to show that interest can be taken into account for the purpose of considering the value in an appeal provided the decree itself has awarded interest
We may also refer to the decision of the Judicial Committee in Surapati Roy  others vs Ram Narayan and Mukherji  others3
In that decision the question arose under section 110 of the Code of Civil Procedure 1908 regarding the validity of the certificate granted by the High Court
Though the rent claimed in the suits was less than Rs 10000 the High Court had granted a certificate of fitness on the ground that the value of the subject matter 1 1965 2 SCR751 2 29 Indian Appeals 40
3 50 Indian Appeals 155
945 was over Rs 10000 
The objection taken before the Judicial Committee regarding the validity of the certificate on the ground that the subject matter was below the appealable value was rejected as follows   
The certificate in the circumstances is quite in order
 It is to be noted that the liability which was being denied as due to the landlord by way of rent from the lands in question was in respect of the properties in question and it was on that basis that the certificate was held to be valid
Both the above decisions of the Judicial Committee have no application to the facts of the present case on hand The principle that a claim made by one party and resisted by another is ordinarily the subject matter of the dispute in the trial court and continues to be the subject matter in the Appellate Courts
In the case before us the claims for over time wages and weekly off wages before the Authorities were for a specified period
The claims for the identical periods were the subject matter in the appeals before the Court of Small Causes
The High Court had also to consider the correctness of the decision of he Court of Small Causes regarding the claims made by the workmen for the particular periods
The appellant was not entitled to notionally add on to the amount originally claimed by the workmen for particular periods any further amounts on the ground that they must be considered to have accrued due to the workmen till the date of the judgement of the High Court
If in the proposed appeal to this Court there is no claim or question raised respecting property other than the subject matter of dispute clause a of Article 1331  will apply
That clause has no been invoked in this case by the High Court
It is not possible to accept the contention of Mr Sorabji that as the appellant will have to face from its workmen in future claims similar to the one recognised by the High Court there is involved a claim or question in respect of property of the value of not less than Rs 20000  in addition to or other than the 1 1965 2 SCR751 946 subject matter of appeal
In the first place this contention proceeds on the assumption that the judgment of the High Court directs talk appeal Lo pay in future amounts not less than Rs 20000 
This assumption is basically erroneous as there is no such direction given by the High Court
The payment of wages as for over time or weekly off days will depend upon several circumstancesif over time work is not taken then no payment need be made
If over time work is taken for a lesser time then the amount to be paid will also be less
In our opinion this is not a case where the decision of the High Court apart from clearing with the subject matter in dispute before it has tthe effect of affecting the rights of the appellant regarding other properties including money
We may give an instance where a final judgment may have an impact or affect properties other than the subject matter in dispute
In a suit for mandatory injunction directing a defendant to vacate a land the subject matter of the suit may be only of the value of Rs 1500 but the decree granted by the High Court may result in the defendant therein being obliged to remove buildings worth more than Rs 20000 
so as to give vacant possession of the land in accordance with the decision of the High Court
In such a case though the value of the subject matter in dispute before the High Court may be only Rs 1500  the judgment can be considered to involve indirectly a claim or question respecting property in this case the buildings of the value of no  less than Rs 20000 
Such a case may attract article 1331b
The position before us is entirely different
The judgment of the High Court has only adjudicated upon the subject neither of the specified claim of the workmen which was as mentioned earlier for a particular period
That judgment does not involve directly or indirectly apart from the subject matter of the writ petition any claim or using respecting property or money of the value of Rs 20000 and more
In this view we are of the opinion that the certificate granted by the High Court under article 1331b is not valid and proper
In the view that we take that the certificate ranted by the High Court is not valid and that the appeal brought on such a certificate is not sustainable we do not express any opinion on the merits though arguments were heard on the same
As the certificate issued by he High Court under article 133 1 b is not proper and valid the only course oven to us is to revoke the certificate and set aside the order of the High Court granting the same
The result is the appeal has become unsustainable as it has been brought to this Court on a certificate which as held by us has not been properly and validly granted
947 in the result CMP No 1300 of 1972 is allowed and the appeal is held to be not maintainable and as such dismissed
In CMP N 
1300 of 1972 the respondents will be entitled to costs
 In the appeal there will be no order as to costs
KBN Appeal dismissed


Summary:
In order to attract article 1331b the essential requirement is that there must be involved in the appeal to this Court a claim or question respecting property of the value of not less than Rs 20000 in addition to or other than the subject matter of the dispute if there is no question or claim raised respecting property other than the subject matter then clause a of article 133 will apply
Adding future interest or possible further claims to the original value of the subject matter till the date of the judgment of the High Court and which items are not the subject of consideration by the High Court will not enable a party to plead that the claim so calculated exceeds Rs 20000
94O G The respondent had filed applications under the Payment of Wages Act 1948 claiming overtime wages for the period 1957 to 1958 and wages for weekly off days for the period 1962 to 1963
Against the judgment of the High Court setting aside the order of the appellate authority holding the claim as time barred the appellants filled appeal to this Court on the basis of a certificate issued by the High Court under article 1331b
In its application before the High Court the appellant had prayed for the grant of a  certificate that the amount or value of the subject matter before all the authorities in the appeals as well as in the High Court and still in dispute in the proposed appeal to this Court was Rs 20000 and upwards and in the alternative on the ground that the case was fit one for appeal to this Court
On the basis of the claims made by the workmen as overtime wages and weakly off days wages for the particular periods the appellant had calculated at the same rate for subsequent periods till the judgment of the High Court and claimed that the amount or value in dispute in appeal to this Court was over Rs 20000 
The appellant bad also urged that it would have to meet in future also claims from its workmen and as such it will have to face a recurring liability
On this basis the appellant had raised the plea that the judgment of the High Court involved directly or in directly a claim or a question in respect of property of the value of Rs 20000 and more
The respondents moved this Court for revocation of the Certificate
They urged that what weighed with the High Court for granting a certificate under article 1331b was the circumstance that the nature of the demands by the workmen were such as they were recurring claim arising in the future also and as such the final judgment and order of the High Court involved directly or indirectly a claim respecting property of the value not less than Rs 20000 and that thisview of the High Court was erroneous 
HELD that the certificate issued by the High Court under article 1331b was not proper and valid and hence the appeal was unsustainable
930 i The High Court has not given any indication as to how it issued the certificate under article1331b it is clear that it did not grant the certificate on the claim made by the appellant under clause a or clause c of article 1331
937 A ii In view of the fact that the High Court granted the certificate under article 1331b it has to he presumed that it has accepted the appellant s plea that a certificate could be granted under the clause when there is a recurring liability which if calculated for subsequent years will be Rs 20000 or more
937 C D iii But the present case is not one where the decision of the High Court apart from dealing with the subject matter in dispute before it has the effect of affecting the rights of the appellant regarding other properties including money
The judgment of the High Court has only adjudicated upon the subject matter of the specified claim of the work men which was for a particular period
The judgment does not involve directly or indirectly apart fromthe subject matter of the writ petition any claim or question respecting property or money of the value of Rs 2O000 and more
The appellant was not entitled to notionally add to the amount originally claimed by the workmen for particular periods any further amounts on the ground that they must be considered to have accrued due to the workmen till the date of the judgment of the High Court
945 E 946 E Chaitarmal vs Ms Pannalal Chandulal   applied
A V Subramania Ayyar vs Sellammal ILR 39 Madras 843 Meghji Lakhamshi and Brothers vs Furniture Workshop 1954 Appeals Cases 80 Smt
Rajah Kishore Devigaru vs Bhaskara Gouta Chorani and others AIR 1960 AP 286 Commissioner of Income tax Madras vs section L Mathias AIR  G Appuswamy Chettiar and another vs R Sarangapani Chettiar and others Moti Chand and others vs Ganga Parshad Singh and another 29 Indian Appeals 40 and Surapati Roy and others vs Ram Narayan Mukherji and others 50 IA 155 referred to