- (1.) The petitioner institute has challenged the order dated 27.9.2014 passed by the Civil Judge (Junior Division) and Judicial Magistrate, (South), Ajmer whereby the learned Magistrate has dismissed an application filed by the petitioner under Section 47 C.P.C. The brief facts of the case are that respondent, Bhanwarlal submitted an application before the Rajasthan Non-Government Educational Institutional Tribunal, Jaipur (Tribunal, for short) on 27.02.2007 stating therein that on 31.10.1966 he was appointed as Class IV employee with the petitioner institute. He had retired from the post of Peon on 31.08.2006, after attaining the age of superannuation. According to him, although he did receive Rs. 92,928/- on 11.5.2007 as gratuity amount, received Rs. 1,97,502/- as provident fund on 13.10.2006, but the amount that he liable to be paid on the selection scale, and leave encashment is yet to be paid to him.
(2.) The petitioner institute filed the reply and claimed that the amount of gratuity and provident fund has already been paid to him. They further pleaded that the amount of selection scale and leave encashment to be paid by the Government. Therefore, the management is not liable to pay the same.
(3.) However, after hearing both the parties, by order dated 26.9.2011, the Tribunal directed the petitioner institute to fix the pay of the respondent as per the circular dated 25.1.1992, and pay the arrears with 6% interest. It was further directed to pay the remaining amount of gratuity after adjusting the amount already paid, to pay the encashment of paid leave, and to pay the remaining provident fund after adjusting the amount already paid to the respondent. However, as the petitioner institute did not act on the decree, the respondent filed an execution petition before the Court of Civil Judge (Junior Division) South, Ajmer. Instead of implementing the degree, the petitioner institute submitted an application under Section 47 C.P.C. However, the said application has been dismissed by order dated 27.9.2014.;