' Through this Constitutional petition, petitioner challenges the inaction of respondents by not complying with the order passed by the Punjab Service Tribunal dated 13-3-2002. The petitioner wants this Court to issue an appropriate writ for the enforcement of the order of the Services Tribunal.
2. Learned counsel for the petitioner contends that there is no remedy provided under the law by way of which an order passed by the Punjab Services Tribunal could be got 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 Service 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 Punjab Services Tribunal is a Civil Court within the meaning of section 5(2) of the Punjab Services Tribunal Act, 1974, 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 parson and examining him on oath;
(b) compelling the production of documents;
(c) issuing commission for the examination of witnesses and documents."
6. Since the Punjab Services Tribunal is a Civil Court for the purpose of deciding any appeal, therefore, it has all the powers of a Civil Court provided under the Code of Civil Procedure, section 36 of the Code of Civil Procedure provides that all the provisions of the Code relating to the execution of decrees shall be applicable for the execution of the orders as well. For ready reference the same is re-produced as follows:--
36. "Application to orders.---The provisions of this Code relating to the execution of decrees shall, so far as they are applicable be deemed to apply to the execution of orders."
7. Under section 5(2) of the Punjab Services Tribunals Act, 1974, the Tribunal has been given the powers to decide an appeal as a Civil Court. The Tribunal will have all the powers of the Civil Court to bring issue before it to a logical end like the Civil Court. As under section 36 of the C.P.C., the Civil Court can get its orders implemented/executed under the provisions of the C.P.C. Likewise, the Tribunal also has the same powers to bring its decision to a logical end in the shape of its implementations in its letter and spirit.
8. In view of the above, the Punjab Services Tribunal being a Civil Court within the meaning of section 5(2) of the Service Tribunals Act, 1974, it can get its order enforced/executed as observed in the preceding paragraph.
9. In the above circumstances, since the petitioner has an alternate and efficacious remedy before the Tribunal, available to him under the law, therefore, this petition is not maintainable and is accordingly dismissed.