Judgment :- M.R. Hariharan Nair, J. The question that arises for decision in this revision is mainly whether a Carpenter earning daily wages will come under the classification 'Labourer' entitled to the benefit of exemption under S.60(1)(c) of the CPC. 2. 1.75 Ares of land along with the residential building and appurtenances thereto wherein the 1st judgment debtor in O.S. No. 431/93 is residing was proclaimed for sale. The motion was opposed on the ground that the properties are exempt under S.60(1)(c) of the C.P.C. The court below considered the question and found that he is not an agriculturist or a labourer entitled to protection under the said Section. It was directed that the execution proceedings be continued as proposed. 3. S.60(1)(c) of the C.P.C. reads as follows: "60. Property liable to attachment and sale in execution of decree.- (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank-notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf: (a) xxxx xxxx xxxx (b) xxxx "xxxx xxxx (c) Houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to (an agriculturist or a labourer or a domestic servant) and occupied by him;" There is an Explanation IV to S.60 of the C.P.C., which reads as follows: "Explanation IV- For the purposes of this proviso, "wages" includes bonus, and "labourer" includes a skilled, unskilled or semiskilled labourer". It is obvious from a joint reading of the aforesaid provisions that a labourer getting wages for skilled, unskilled or semiskilled work is also entitled to the protection of S.60(1)(c) of the C.P.C. The question therefore is whether a Carpenter is a skilled, unskilled or semiskilled labourer. 4. Reliance was placed on the decision in Chella Ramaiah & Ann v. Desu Guruvaiah (AIR 1989 AP 56) in support of the revision petitioner's said contention.
4. Reliance was placed on the decision in Chella Ramaiah & Ann v. Desu Guruvaiah (AIR 1989 AP 56) in support of the revision petitioner's said contention. In that case Mason was declared to be a 'labourer' for the purpose of S.60(1)(c). It is argued that by drawing necessary analogy a Carpenter is also to be found as a labourer entitled to get the benefit. 5. 'Labourer', according to the Merriam Webster dictionary, is a person who does manual labour or work for wages. The term 'skill', under the same dictionary means developed or acquired ability and the word is synonymous with craft, dexterity, expertise, know how etc. According to the Oxford dictionary, a manual worker is a workman and the term'skill' means talent, expertise, aptitude, adeptness, mastery, dexterity, proficiency etc. Labourer is a person who earns his daily bread by personal manual labour. Carpenter is hence a skilled labourer in so far as he does work on timber, constructs houses etc. for daily wage using his skill. There is no doubt at all therefore that a carpenter, like agriculturists and other manual labourers, is also entitled to protection under S.60(1)(c) of the C.P.C. The fact that the petitioner has not been working for some time does not alter his status. 6. Learned counsel for the respondent, during hearing, placed reliance on the decision in Kunjamma George v. Velayudhan (1960 KLT 483) to contend that Carpenter doing skilled work is not a labourer. A reading of the decision, however, shows that the question that was considered in that case was only whether a junior operator in a boiler house would be a labourer. It was found that he is not. Learned counsel for the revision petitioner has rightly brought to my notice the fact that it was through an amendment to the C.P.C. brought in 1976 that the present Explanation IV (already mentioned supra) was introduced. The aforesaid decision in Kunjamma George's case was rendered in a case which arose before that amendment and that too on totally different facts. The decision has therefore no application to the facts of this case. 7.
The aforesaid decision in Kunjamma George's case was rendered in a case which arose before that amendment and that too on totally different facts. The decision has therefore no application to the facts of this case. 7. A carpenter doing manual work and getting wages for his work is certainly a labourer entitled to the benefit of S.60(1)(c) of the C.P.C. The impugned order is hence set aside and it is declared that the petitioner is entitled to get the protection of S.60(1)(c) of the C.P.C. Revision is disposed of as above.