The District Judge has the power to transfer a certificate for execution issued by the U. P. Public Services Tribunal to an Additional District Judge under Section 24(3) of the Code of Civil Procedure, 1908.

B. L. Loomba, J.

1. A short question of law arises in this writ petition with the consent of the parties learned counsel, I proceed to dispose of the same.

2. Respondent Shri Navin Chandra Pandey along with two others filed claim petition before the U. P. Public Services Tribunal. Their claim petition was allowed and direction was issued to quash the seniority list operating between the parties and requiring the U. P. Jal Nigam to publish the merit list of Assistant Engineers as determined at the selection and thereupon publish the combined seniority list of Assistant Engineers. On the basis of its judgment, the Tribunal issued certificate in respect of the relief granted. This certificate was issued under sub-section (7) of Section 5-B of the U. P. Public Services (Tribunal) Act, 1976. The party in whose favour such certificate is issued is entitled to apply to the principal Civil Court of original jurisdiction for execution. The claimant after obtaining certificate from the Tribunal under the said provisions filed the same before the District Judge Lucknow. It is the undisputed position Civil Court of District Judge is the principal Civil Court of original jurisdiction which has the jurisdiction to deal with the matter. The District Judge, Lucknow instead of executing the order of the Tribunal passed orders to transfer the execution to the Court of 10th Additional District Judge. On the basis of the order of transfer, the 10th Additional District Judge proceeded to execute the order of the Tribunal. The petitioner-judgment debtor filed objection as to the competency and right of the Additional District Judge to proceed with the execution case. This objection was rejected by the learned Additional District Judge by his order dated 23-12-1989. The petitioner being aggrieved by this order has approached this Court seeking direction under Article 227 of the Constitution against the Additional District Judge not to proceed with the Execution case and to send back this case to District Judge, Lucknow. In effect, the challenge is to the order of the Additional District Judge dated 23-12-1989 on the ground that the Additional District Judge is not competent to deal with the matter because the Court competent to proceed with the execution under Section 5-B (7) of the said Act is the District Judge Lucknow. Sub-section (7) of Section 5-B of the Services Tribunal Act is reproduced below :- . 1

"(7) Where the Tribunal makes an order other than a declaration referred to in sub-section (6), in favour of any party and such order remains uncomplied with for a period of three months from the date of such order, the Tribunal may, on the application of the party in whose favour the order stands, issue a certificate for recovery of the amount awarded or, as the case may be, for any other relief granted by the Tribunal. Any party, in whose favour such certificate is issued, may apply to the principal Civil Court of original jurisdiction in Uttar Pradesh within the local limits of whose jurisdiction the employee is for the time being serving, or, as the case may be, last served such employer, for execution of the order of the Tribunal and such Court shall there upon execute the certificate or cause the same to be executed in the same manner and by the same procedure as if it were a decree for like relief passed by itself in a suit."

District Judge is the Principal Civil Court of original jurisdiction and he has a right, indisputably only to receive the certificate issued by the Services Tribunal and execute it. Sub-section (7) of Section 5-B of the Act gives right to the District Judge to cause the same to be executed in the same manner and by the same procedure as if it were a decree for like relief passed by itself in a suit; this is what is expressly provided in this subsection. The District Judge can have the certificate received from the Tribunal to be executed by another Court only when it is transferred to any such Court The power to