JUDGEMENT
S.N. Saxena, J. -
(1.) This contempt application has been moved on the ground that the opposite parties did not comply the judgement and order of the Public Services Tribunal, Lucknow dated 16.6.1993 passed in claim Petition No. 203 (P)/IV/1986 Bhav Bhuti Singh v. State of U.P. and others.
The petition, however, cannot be entertained here as there is specific provision in the amended U.P. Public Services Tribunal Act, 1976 for execution of the judgment and orders of the Tribunal by taking recourse to contempt proceedings against the opposite parties before the Tribunal itself. Prior to this amendment, the judgment and orders of the Tribunal was executed like a decree of the Civil Court after obtaining a certificate under Section 5 of the Act on the ground that its judgment and order had not been complied by the opposite parties within three months thereafter.
As the petition now stands the petitioners should move the Tribunal itself for getting complied the aforesaid judgment and order by the opposite parties. The petitioner appears to have filed this contempt petition due ,to wrong advice given to him and, therefore, the period for which it had remained pending in this Court is liable to be excluded while computing the period of limitation by the Tribunal.
In view of the above the contempt petition is dismissed as not maintainable. Costs on parties.
The petitioner shall be entitled to move the necessary contempt application before the public Services Tribunal which shall excluded the aforesaid period while computing the period of limitation for the contempt petition.
A copy of this order shall be issued to the learned counsel for the petitioner within 48 hours on payment of the usual copying charges.
Petition dismissed.;
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