Punjab-Haryana High Court
Swift Group Of Colleges And Anr vs Manu Nagra on 10 January, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:002676
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
136 2024:PHHC:002676
CR-2989-2023
Date of decision: 10.01.2024
SWIFT GROUP OF COLLEGES AND ANR. ..Petitioners
Versus
MANU NAGRA ..Respondent
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. K.B. Raheja, Advocate
and Mr. P.K. Goklaney, Advocate
for the petitioners.
Mr. Nandan Jindal, Advocate
and Mr. Tushar Sabherwal, Advocate
for respondents.
ANIL KSHETARPAL, J(Oral)
1. This revision petition has been filed by the judgment debtors.
The dispute in the present case is with regard to the non-payment of salary to
the respondent. He filed a civil suit, which was decreed on 04.04.2019,
which in appeal has been upheld by the First Appellate Court on 08.04.2022.
In the execution petition, the petitioners claims that the jurisdiction of the
Civil Court is totally barred, however, the Executing Court dismissed the
objection petition on the ground that the objection petition has been filed in
order to delay the execution petition and the Civil Court cannot relegate the
decree holder to the Punjab Educational Tribunal (hereinafter referred to as
the 'Tribunal').
2. This Bench has heard the learned counsel representing the
parties at length and perused the paperbook.
3. The learned counsel representing the parties do not dispute that
the jurisdiction of the Civil Court is barred to entertain such claim. On
reading of the provisions of the Punjab Affiliated Colleges (Security of
1 of 2
Neutral Citation No:=2024:PHHC:002676
2024:PHHC:002676
Service), Act, 1974, it is evident that the exclusive jurisdiction in this regard
vests in the Tribunal.
4. A Coordinate Bench in Sushila Jindal Vs. State of Punjab and
others, CWP-14861-2023, decided on 21.09.2023, has also relegated the
parties to the remedy before the Tribunal. The main purpose of an Executing
Court is to implement an enforceable decree, however, before implementing
such decree, the Executing Court has the competence to examine the
question with regard to the jurisdiction of the Court particularly when the
question of jurisdiction arises, as the decree passed by the Court without
having jurisdiction shall be a nullity.
5. Keeping in view the aforesaid facts, the revision petition is
allowed. The impugned order passed by the Executing Court on 29.03.2023,
is set aside.
6. The respondent shall have liberty to file petition before the
Tribunal.
7. Keeping in view the facts of the case, the Members of the
Tribunal are requested to make a sincere endevour for its expeditious
disposal.
8. All the pending miscellaneous applications, if any, are also
disposed of.
January 10th, 2024 (ANIL KSHETARPAL)
Ay JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2024:PHHC:002676
2 of 2
