Law:

Section:

(a) Service Tribunals Act (LXX of 1973)-­- --S. 5--Execution/implementation of Service Tribunals' order--Pendency of appeal against the order to be implemented, whether a bar--Pendency of appeal by no means creates a bar in the way of implementation of the order unless such order had been suspended by the Appellate forum. (b) Service Tribunals Act (LXX of 1973)- ---S. 5--Execution/implementation of Service Tribunals orders--Service Tribunal is empowered to order implementation of its orders--Service Tribunal deemed to be a Civil Court for purpose of deciding an appeal having same powers as are vested in such Court under provisions of Civil Procedure Code, 1908--Service Tribunal has thus got the same powers as are vested in Civil Courts not only for the purpose of deciding an appeal, but also for the consequential purpose of deciding petition for implementation of its orders--For implementation/execution of Service Tribunal's orders, proper forum is the Service Tribunal itself and resort to High Court by invoking its Constitutional jurisdiction for implementation of same is misconceived. (c) Service Tribunals Act (LXX of 1973)-- ---Ss. 4 & 5--Civil Procedure Code (V of 1908),.Ss. 2(2) & 38--Term "decree"-­Meaning and scope--Service Tribunal competent to execute/implement its own orders. Under section 2(2) of the CMI Procedure Code, 1908 "decree" means the formal expression of an adjudication which, so far as regards the Court expressing conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. Tribunal's order in the present case, setting aside the Authority's order of petitioner's removal from service, is a formal expression of an adjudication within the meaning of section 2(2) of the Code. Section 38 of the Code provides that a decree may be executed either by the Court which passed it or by the Court to which it is sent for execution. This clearly spells out a power in the Tribunal for implementation of its orders. Then, it may be mentioned that in accordance with this view of the matter, the Tribunal would have all the powers mentioned in the Code of…

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