- (1.) 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 S. 33c (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 the decree 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 Court below has committed jurisdictional error in passing 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;