Civil Appeal No 345 of 1985
Appeal by Special leave from the Judgment and Order dated the 5th October 1983 of the Calcutta High Court at Calcutta in Civil Order No 971 of 1983
D N Mukherjee for the Appellants
Mahabir Singh for the Respondents
The Judgment of the Court was delivered by RANGANATH MISRA J
Special leave granted
The short question which falls 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
Md Safiur Rehman was a dock worker and gratuity was payable to him under one of the three prevailing schemes of the Board
Respondent l 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 828 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 Court s 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 at Calcutta and contended that the gratuity payable to the workman was not liable to attachment
A Division Bench of the High Court examined the tenability of the contention and came to the following conclusion On a careful consideration of the legal position we however find that the learned Chief Judge is right in his conclusion
Plaintiff has a legal right to attach any debt payable to his debtor or legal representative
This right however is always subject to exceptions made by any statutory provision
Section 13 of the no doubt bars attachment but that only is in respect of gratuity payable under that Act
The gratuity now under attachment is payable not under the Act
Section 60 of the Code of Civil Procedure as amended may bar attachment of gratuity as now under consideration
But that section as it now stands had not been made applicable to Presidency Small Causes Court
Under Section 8 of the Code the High Court adopted certain provisions of the Code including section 60 as amended upto 1965 and made them applicable to Presidency Small Causes Court
Section 6 clause g so adopted reads as follows  T g
Stipends and gratuities allowed to pensioners of the Government or payable out of any service family pension fund notified in Official Gazette by the Central Government or the State Government in this behalf and political pensioners
This clause does not cover the gratuity payable by the Board to a registered dock worker and the subsequent amendment of this clause not having been adopted and made applicable by the High Court to Presidency Small Causes Court the learned Chief Judge is right in his conclusion
829 T Next reliance is placed on Rule 9 of the Gratuity A Rules which no doubt purports to exempt gratuity from attachment
But these rules not having been made by the Central Government on powers delegated by the Parliament under the Dock Workers Regulation of Employment Act but by the Board on sub delegation of powers under the scheme
the same in our view cannot override the legal right of the plaintiff
 Mr Mukherjee appearing for the appellants maintained that the view taken both by the Chief Judge of the Small Causes Court as also the Division Bench of the High Court is contrary to law and therefore cannot be sustained
The respondents had filed an appearance through counsel but no one participated in the hearing
Section I 3 of the 39 of 1972  Act  for short provides that the Act shall extend to ports Port  has been defined in section 2 n of the Act
There can be no dispute that the Calcutta Port is covered by the 
It is true that under one of the three schemes framed by the Calcutta Dock Labour Board gratuity was payable to Md Safiur Rehman but such gratuity must be taken to be covered by section 4 of the Act in the absence of any notification contemplated under section 5
Section S authorises the appropriate Government by notification and subject to such conditions as may be specified in that notification to exempt inter alia any port to which the Act applies from the operation of the provisions of the Act if in the opinion of the appropriate Government tile employees in the port are in receipt of gratuity or pensionary benefit not less favourable than the benefits conferred under the Act
Neither the Chief Judge nor the High Court has found that there has been a notification as contemplated under section 5 of the Act in this case
It had also not been contended at any stage by the respondents that such a notification had been made
Reference may now be made to sections 13 and 14 of the Act which ale very relevant
Protection of gratuity  No gratuity payable under this Act shall be liable to attachment in execution of any decree or order of any civil revenue or criminal court
 830 14
Act to override other enactments
etc The provisions of this Act or any rule made thereunder shall have effect notwithstanding anything inconsistent there with contained in any having effect by virtue of any enactment other than this Act
 We may point out that by Central Act No 25 of 1984 section 13 has been amended with effect from July 1 1984 and the amended section reads thus No gratuity payable under this Act and no gratuity payable to an employee employed in any establishment factory mine oilfield plantation port railway company or shop exempted under section 5 shall be liable to attachment in execution of any decree or order of any civil revenue or criminal court
 In the absence of any notification within the meaning of section 5 of the Act the amendment is not relevant for consideration Section 14 has overriding effect and section 13 gives total immunity to gratuity from attachment
The preamble of the Act clearly indicates the legislative intention that the Act sought to provide a scheme for payment of gratuity to all employees engaged in inter alia ports and under this Act gratuity was payable to workers like Md Safiur Rehman
The gratuity which was payable to him squarely came within the purview of the Act and therefore become entitled to immunity under section 13 thereof
In section 60 of the Code of Civil Procedure provision for exemption from attachment has been made and a detailed list has been provided in sub section
1 thereof in clauses a to p
Clause g there of exempts stipends and gratuities allowed to pensioners of the Government or of a local authority or of any other employer from attachment
It may be pointed out that the words local authority or other employer were inserted into the statute by the amending Act of 1976 with effect from February 1 1977
The Chief Judge as also the High Court relying on the provisions of section 8 of Code took the view that unless extended by the High Court of Calcutta the protection of section 60 was not available in regard to proceedings before the Presidency Small Causes Court at Calcutta
It appears that the Calcutta High Court in exercise of power under section 8 of 831 the Code had extended the provisions of the section 60 of the Code but the High Court seems to have wrongly taken the view that the effect of section 97 of the Amending Act of 1976 was that the notification of the High Court was no more effective unless re made
It is wholly unnecessary for the disposal of this appeal to examine that aspect as in our view the immunity under section 13 of the Act is adequate to accept the appeal and find against the respondent
We therefore
allow the appeal and hold that the Chief Judge as also the High Court were in error in taking the view that gratuity payable to Md Safiur Rehman was liable to attachment
Parties are directed to bear their own costs
section R Appeal allowed


Summary:
Md Safiur Rehman was a dock worker and gratuity was payable to him under one of the three prevailing schemes of the Calcutta Dock Labour Board
Respondent No I 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 Court that gratuity was not liable to attachment
The Chief Judge of the Court of Small Causes examined the objection against attachment and overruled the same
In appeal by the appellants a Division Bench of the High Court examined the provisions under the Payment of Gratuity Act and the Code of Civil Procedure and holding a clause g of section 6 of the Civil Procedure Code does not cover the gratuity payable by the Board to a registered dock worker since subsequent amendment of this clause have not been adopted and made applicable by the High Court to Presidency Small Causes Court and b Rule 9 of the Gratuity Rules which purports to exempt gratuity from attachment not having been made by the Central Government on powers delegated by the Parliament under the Dock workers Regulation of Employment Act but by the Board on sub delegation of Dowers under the scheme cannot override the legal right of the plaintiff and dismissed the appeal
Hence the appeal by special leave
Allowing the appeal the Court 827  HELD 1
The preamble of the clearly indicates the legislative intention that the Act sought to provide a scheme for payment of gratuity to all employees engaged in inter alia port and under this Act gratuity was payable to workers like Md Safiur Rehman
In view of The provisions in section I 3 of the Act gratuity must be taken to be covered by section 4 of the Act in the absence of any notification contemplated under section 5
Section 14 has also overriding effect and section 13 gives total immunity to gratuity from attachment
The gratuity which was payable to him squaredy came within the purview of the Act and therefore became entitled to immunity under section 18 thereof
830D E 2
The immunity under section 13 of the  itself being adequate the Court applied non liquet on the two issues namely a consideration of the subsequent event of the amendment of section 13 of the Gratuity Act by Central Act 25 of 1984 with effect from July 1st 1914 and b the necessity for remaking of the Calcutta High Court s earlier order under section 8 of the Civil Procedure Code extending the provisions of section 60 of the Code to the Small Causes Court consequent to section 97 of the Amending Act of 1976
830H 831A B