2003 PLP (C (PLC(CS))
Malik FAZAL ABBAS Versus SECRETARY TO THE GOVERNMENT OF PUNJAB, EXCISE AND TAXATION DEPARTMENT and 2 others
| Citation | 2003 PLP (C (PLC(CS)) |
| Forum / Court | Lahore High Court |
| Bench Members | Muhammad Khalid Alvi, J |
| Parties | Malik FAZAL ABBAS Versus SECRETARY TO THE GOVERNMENT OF PUNJAB, EXCISE AND TAXATION DEPARTMENT and 2 others |
| Primary Law | Punjab Service Tribunals Act (IX of 1974) |
Q1: What are the key laws and sections cited in 2003 PLP (C (PLC(CS))?
This judgment primarily cites: Punjab Service Tribunals Act (IX of 1974) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP (C (PLC(CS))?
The case was heard and decided by the Lahore High Court bench comprising: Muhammad Khalid Alvi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP (C (PLC(CS)) (Malik FAZAL ABBAS Versus SECRETARY TO THE GOVERNMENT OF PUNJAB, EXCISE AND TAXATION DEPARTMENT and 2 others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iqbal Hussain Panwar Hajveri for Petitioner.
Headnotes / Summary
S.5(2)
Constitution of Pakistan (1973), Art. 199
Constitutional petition
Enforcement of order of Service Tribunal
Petitioner/civil servant, through Constitutional petition had challenged inaction of the Authorities by not complying with order passed by Service Tribunal
Petitioner prayed the High Court to issue an appropriate writ for enforcement of the order of Service Tribunal
Service Tribunal being a "Civil Court" within meaning of S.5(2) of Punjab Service Tribunals Act, 1974, for the purpose of deciding appeal, it had all the powers of a "Civil Curt" provided under C.P.C.
Section 36, C.P.C. had provided that all provisions of C.P.C. relating to execution of decrees would be applicable for execution of orders as well
Service Tribunal would have all powers of Civil Court to bring issue before it to its logical end like Civil Court
Service Tribunal could get its order enforced/executed
Petitioner having alternate and efficacious remedy before Service Tribunal, available to him under law, Constitutional petition was not maintainable. Muhammad Jahangir Arshad A.A.-G. (on Court's Call).
Judgment & Decree
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. H.B.T./F-168/L Petition dismissed.