R.S. Chauhan, J. - (1.) AGGRIEVED by the order dated 3 -8 -2010, passed by the Civil Judge (Junior Division) & Judicial Magistrate Ajmer South, Ajmer, whereby the learned Civil Judge has dismissed an application filed under Order 21 Rule 23 read with Section 151 CPC in execution proceedings, the petitioner has challenged the same before this Court.
(2.) THE brief facts of the case are that respondent, Chandra Prakash Bafna had filed an appeal before the Rajasthan Non Government Educational Institution Tribunal against the petitioner Institute. In the appeal, he claimed that he had worked for the Institute from 15 -7 -1996 to 31 -1 -2003. According to him he retired from the Institute on 31 -1 -2003. Furthermore, according to him, since the Institute did not pay his D.A., Gratuity, encashment of leave, and pension after his retirement, he was constrained to file the said appeal. The petitioner Institute submitted its written statement and denied the averments made in the appeal. After hearing both the parties, vide judgment dated 12 -1 -2006, the Tribunal partly allowed the appeal: it ordered that if any encashment of leave is due, then the same should be paid. Moreover, if there is any due of dearness allowance, then the same should also be paid. Furthermore, the benefit of Fifth Pay Commission should be given. Lastly, that the respondent should also be given the benefit of 9, 18, 27 years of service. However, it directed that gratuity and pension need not be paid to the employee. Since both the parties were aggrieved by the judgment of the Tribunal dated 12 -1 -2006, both the parties have filed their respective appeals by way of writ petitions before this Court. While the petitioner Institute has filed the S.B. Civil Writ Petition No. 9789/2007, the respondent has filed the S.B. Civil Writ Petition No. 1046/2006. Both the parties are ad idem that both the writ petitions are still pending before this Court.
(3.) MEANWHILE , the respondent has initiated execution proceeding before the Civil Judge (Junior Division) Ajmer South, Ajmer. Raising certain objections, specially with regard to jurisdiction of the Tribunal to hear the respondent's appeal, the petitioner filed its objection under Order 21 Rule 23 read with Section 151 CPC before the Executing Court. According to the petitioner, its Institute is a Non -aided, Non -government Educational Institute. Further, according to the petitioner, the learned Tribunal does not have the jurisdiction to hear the application/appeal from an employee, who has been employed in recognised, but non -aided Non -government Educational Institution. Therefore, the learned Tribunal had passed a judgment beyond its jurisdiction. Thus, the decree cannot be implemented by the Executing Court. However, vide order dated 3 -8 -2010, the learned Judge has dismissed the said objection. Hence, the present writ petition before this Court.;