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Rajasthan High Court · body

1997 DIGILAW 399 (RAJ)

Mewalal v. R. S. R. T. C.

1997-03-19

SHIV KUMAR SHARMA

body1997
Honble SHARMA, J.–Application filed by the decree holder for determination of the amount due was dismissed and it was observed that the amount can be determined under Section 33-C(2) of the Industrial Disputes Act, 1947. Against the said order, present action for filing this revision has been resorted to by the decree holder. It is legally settled that though the executing court cannot go beyond thedecree if wages were claimed in the suit. The said wages can be determined by the executing court. No doubt that judgment debtor can raise the objections to the effect that the decree holder was gainfully employed or not. But the prayer with regard to determination of the wages due cannot be declined. (2). In view of this the court below has committed jurisdictional error in pa-ssing the impugned order and if the said order is allowed to it would occasion failure of justice. (3). Consequently, I allow this revision and set aside the impugned order and direct the executing court to proceed in accordance with law. No costs.