' Through this Constitutional petition, the petitioner challenges the inaction of the respondents by not complying with the interim order passed by the Federal Services Tribunal dated 1-1-2000. The petitioner wants this Court to issue an appropriate writ for the enforcement of the order of the Services Tribunal.
2. The learned counsel for the petitioner contends that there is no remedy provided under the law by way of which an interim order passed by the Federal Service Tribunal could be enforced by the petitioner.
3. On the other hand, learned A.A.-G. Has argued that the petitioner has an alternate remedy by way of filing an application before the Services Tribunal to get its order enforced, therefore, this petition is not maintainable.
4. I have considered the arguments of the learned counsel for the parties.
5. The Federal Services Tribunal is a Civil Court within the meaning of section 5(2) of the Services Tribunals Act, 1973, which reads as follows: - "(5) Power of Tribunals (1)
(2) A Tribunal shall, for the purpose of deciding any appeal, be deemed to be a Civil Court and shall have the same powers as are vested in such Court under the Code of Civil Procedure, 1908 (Act V of 1908), including the powers of:-
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents;
(c) issuing commission for the examination of witnesses and documents.
6. Since the Federal Services Tribunal is a Civil Court for the purpose of deciding any appeal, therefore, it has all the power of a Civil Court provided under the Code of Civil Procedure. Under Order 39 Rule 2(3) C.P.C., in case of disobedience a Civil Court has the power to detain a person for a term not exceeding six months. The relevant provision is as under:-
(2) Injunction to restrain repetition or continuance of breach.
(1) .... .... .............
(2) ......................
(3) In case of disobedience, or of breach of any such terms, the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the prison for a term not exceeding six months, unless in the meantime the Court directs his release.
(4)
7. In view of the above, the Federal Services Tribunal being a Civil Court within the meaning of section 5(2) of the Services Tribunals Act, 1973, it can get its order enforced under Order 39, Rule 2(3), C.P.C. And other enabling provisions of the same Code.
8. In the above circumstances, since the petitioner has an alternate and efficacious remedy available to him under the law, therefore, this petition is not maintainable and is accordingly dismissed.