UNION OF INDIA Vs. IST CIVIL JUDGE GORAKHPUR

JUDGEMENT

(1.) -At the time of hearing no one appeared on behalf of the contesting respondents, hence only the arguments of the learned counsel for the petitioner were heard.

(2.) THE question involved in this writ petition is as to whether execution proceedings pending before civil court for execution of earlier order dated 26.7.1986, passed by Ist Civil Judge, Gorakhpur has been transferred to the Administrative Tribunal by virtue of Section 29 of the Administrative Tribunals Act, 1985 or not. THE relevant portion of the said section is quoted below : "Section 29.-Every suit or other proceeding pending before any Court or other authority immediately before the date of establishment of a Tribunal under this Act being a suit or proceeding, the cause of action, whereon it is based, is such that it would have been if it had arisen after such establishment within the jurisdiction of such Tribunal, shall stand transferred on that date to such Tribunal."

(3.) THEREAFTER, a fresh execution application, which was registered as Execution Case No. 19 of 1985, was filed by respondent No. 2 praying for payment of gratuity and other retiral benefits. In the said execution case, petitioners raised the question of jurisdiction in terms of Section 29 of Administrative Tribunals Act, 1985 (supra). Civil Judge, Gorakhpur, did not accept the contention of the petitioner and passed an order on 26.7.1986 holding that Section 29 of the Act did not control the jurisdiction of the High Court. The learned Civil Judge placed reliance upon the first proviso to Section 29 of the Act, which is quoted below : "Provided that nothing in this section shall apply to any appeal pending as aforesaid before the High Court." It is true that the appeal, pending before the High Court, was not to be transferred to the Administrative Tribunal. However, appeal had already been decided by the High Court 11 years before passing of the Act. As held by the Supreme Court in the aforesaid authority, execution application is also to be heard by Administrative Tribunal and not by the civil court.