2012 PLP (C (PLC(CS))

MUHAMMAD HASHIM KHAN KAKAR, J-- The following relief has been sought by the petitioner: "It is respectfully prayed that the respondents may kindly be directed to implement, abide and comply with the judgment of learned Balochistan Service Tribunal dated 12-3-2010 by also directing respondents to reinstate the petitioner from the date of his removal with all back-benefits in the interest of law and justice."

2. As evident from perusal of the prayer clause, the petitioner challenges the inaction of the respondents, by not complying with the judgment passed by the Balochistan Service Tribunal dated 12-3-2010, relevant portion whereof speaks as under:-- "Viewing the above, the order dated 3-8-2007 is not sustainable, as such set aside. The matter is remanded, to the respondent' No.1 for reinitiating/deciding the withdrawal action against the appellant after giving him opportunity of hearing within one month. The appeal is disposed of accordingly with no costs."

3. Mr. Shaukat Ali Rakhshani, learned counsel for the petitioner, contended that in spite of specific direction, the respondents have failed to re-instate the petitioner; that there is no remedy provided under the law by way of which an order passed by the Balochistan Service Tribunal could be enforced by the petitioner.

4. After having heard the contentions raised by the learned counsel for the petitioner, we are of the considered view that the petitioner has an alternate remedy by way of filing an application before the Service Tribunal to get its order enforced. Admittedly, Balochistan Service Tribunal is a civil court within the meaning of section 5(2) of the Balochistan Service Tribunals Act, 1974, which reads as under: "

5. Power of Tribunals.- (1) A Tribunal may, on appeal confirm, set-aside, vary or modify the order appealed against. (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. (3) No court fee shall be payable for preferring an appeal, to, or filing, exhibiting or recording any document in, or obtaining any document from, a tribunal."

5. The above provision of law leads us to conclude that since the Balochistan Service Tribunal is a civil court for the purpose of deciding any appeal regarding the terms and conditions of a civil servant, therefore, it has all the powers of a civil court including those required to implement its judgments as provided under the provisions of the Code of Civil Procedure, 1908.

6. In view of the above legal position, the Balochistan Service Tribunal, being a civil court within the meaning of section 5(2) of the Balochistan Service Tribunals Act, 1974, in case of the disobedience of its judgment the same can be enforced under the applicable provisions of the Code of Civil Procedure, 1908 if the petitioner approaches the Tribunal. The petitioner, therefore, has an alternate and efficacious remedy available to him and in case he wants to seek enforcement of the judgment of the Balochistan Service Tribunal he may approach the Tribunal for enforcement thereof. The petition is accordingly disposed of in the aforesaid terms. S.A:K./129/Q Petition disposed of.