1. - By way of this writ petition, the petitioner, said to be a Non-Government Educational Institution at Sujangarh, District Churu, seeks to question the order dated 9.2.2011. as passed by the civil judge (Junior Division), Sujangarh rejecting the objections against execution of an order passed by the Rajasthan Non-Government Educational Institutions Tribunal, Jaipur ('the Tribunal') on 5.6.1999.

2. Briefly put, the relevant background aspects of the matter are that late Shri Lalchand, an employee of the petitioner-institution who retired on 31.1.1996, moved an application under section 21 of the Rajasthan Non-Government Educational Institution Act, 1989 before the tribunal stating grievance against denial of the requisite pay scale, gratuity, provident fund etc. After hearing the parties and after due consideration the matter , the Tribunal proceeded to pass the following order in favour of the employees on 5.6.1999:-

"vr% izkFkhZ Jh yky pUn oekZ dk vkosnu i= fuEu izdkj Lohdkj fd;k tkrk gS&

vizkFkhZ la0 1 ih0,Q0 dh C;kt jkf'k izkFkhZ dks 16]852@& dh vnk;xh djsA

vizkFkhZ la0 1 izkFkhZ dks vUrfje jkgr dh izFke fd'r fnukad 16-9-1993 ls vizSy 1995 rd ds :0 2]000@& tks izkFkhZ ds uke jk"V~h; cpr i= esa fofu;ksftr fd;s x;s gS] dks izkFkhZ dks lkSaisA blds vfrfjDr vUrfje jkgr dh nwljh fd'r vizSy 1995 ls tuojh 1996 rd :0 2]150@& dk Hkqxrku izkFkhZ dks 12 izfr'kr okf"kZd C;kt lfgr djsaA

vizkFkhZ la0 1 izkFkhZ dks osrueku 1989 esa osruLFkjhdj.k djus ds i'pkr~ cdk;k osru dh jkf'k flrEcj 1988 ls ekpZ 1990 dk Hkh Hkqxrku djsA

vizkFkhZ la0 1 izkFkhZ dks jkT; ljdkj ds vkns'k fnukad 23-1-1985 ,oa fnukad 25-1-1992 ds vuqlj.k esa fu;ekuqlkj p;fur osrueku dk ykHk iznku djs vkSj mldk osru fu;ru dj vUrj dh jkf'k dk Hkqxrku fu;ekuqlkj djsA

vizkFkhZ la0 1 izkFkhZ dks "isesaV vkWQ xszP;qVh ,DV 1972" esa ;Fkk vuqKs; nj ls xszP;qVh dk Hkqxrku djs vkSj ftl frfFk ls xsP;qVh ns; gqbZ gS] ml frfFk ls Hkqxrku dh frfFk rd izkFkhZ dks 12 izfr'kr okf"kZd C;kt vnk djsaA

vizkFkhZ la0 2 dks vkns'k fn;k tkrk gS fd og mijksDr vkns'k dk fdz;kUo;u vizkFkhZ la0 1 }kjk fd;k tkuk lqfuf'pr djsaA"

3. It appears that the employees Shri Lalchand expired sometime late in the year 1999. His wife, sons and daughters (respondents Nos. 3/1 to 3/5 herein) filed an execution application before the civil Court with the submissions that the amount of gratuity and difference of salary together with interest remained due against the petitioner-Institution. in this execution application,it was submitted on behalf of the petitioner-institution that late Shri Lalchand moved an application on 5.10.1999 to the institution seeking payment and thereafter, on 16.11.1999, he did receive the savings certificate, interest on provident fund, second instalment of interim relief, and the amount payable according to the pay fixation. However, according to the petitioner-institution, Late Shri Lalchand executed a receipt on 16.11.1999 and voluntarily waived the amount of Rs. 1,06,173/- towards gratuity. It was submitted that the applicants were not entitled to get the decree executed in relation to the said amount of gratuity for the same having been given up and waived by Late Shri Lalchand. The objection petition so made was put to contest by the applicants while refuting against the assertions made by the petitioner about waiver of the amount of gratuity by Late Shri Lalchand.

4. The Learned Civil Judge (Junior Division), Sujangarh, after through consideration of the matter and with reference to the provisions of Order 21 Rules 1 and 2 of the code of civil procedure, observed that the judgment -debtor never made any application before the court about payment/adjustment after the alleged receipt dated 16.11.1999 until filing of the execution application. The Learnedjudge also referred to the fact that in his application dated 5.10.1999, Late Shri Lalchand had demanded all his dues towards CPF interest, savings certificate, interim relief, pay fixation, and so also gratuity. The learned judge