PANDEY S. N. Vs. UNION OF INDIA
LAWS(SC)-2002-10-135
SUPREME COURT OF INDIA
Decided on October 28,2002

Pandey S. N. Appellant
VERSUS
UNION OF INDIA Respondents


Cited Judgements :-

NATIONAL INSURANCE CO. LTD. VS. PERMANENT LOK ADALAT [LAWS(ALL)-2014-5-150] [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LTD. VS. AZEEM [LAWS(JHAR)-2014-9-84] [REFERRED TO]
EXECUTIVE ENGINEER D S DIVN, P S P C L VS. SANJEEV KUMAR [LAWS(P&H)-2014-4-496] [REFERRED TO]
VISHAL SINGH RANA AND ORS. VS. ISHWAR CHAND AND ORS. [LAWS(P&H)-2015-9-269] [REFERRED TO]
SHRIRAM GENERAL INSURANCE CO. LTD. VS. PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICE), GURGAON AND ORS. [LAWS(P&H)-2015-9-271] [REFERRED TO]
SHRIRAM GENERAL INSURANCE CO. LTD. VS. SHAKTI FOAM PVT. LTD. AND ORS. [LAWS(P&H)-2015-9-272] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. HARJEET KAUR [LAWS(JHAR)-2014-4-73] [REFERRED TO]
ORIENTAL INSURANCE COMPANY LTD. VS. MANJU DEVI AND ORS. [LAWS(JHAR)-2015-2-145] [REFERRED TO]
SHRIRAM GENERAL INSURANCE CO. LTD. VS. TAYYUB HUSSAIN AND ORS. [LAWS(P&H)-2015-9-273] [REFERRED TO]
MAGMA HDI GENERAL INSURANCE CO. LTD. AND ORS. VS. ASHOK KUMAR AND ORS. [LAWS(P&H)-2015-10-187] [REFERRED TO]
DAKSHIN HARYANA BIJLI NIGAM LTD. AND ORS. VS. PERMANENT LOK ADALAT (PUBLIC UTILITY SERVICES) HISAR AND ORS. [LAWS(P&H)-2015-11-186] [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA AND ANOTHER VS. PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES AND ANOTHER [LAWS(P&H)-2015-10-287] [REFERRED TO]
UHBVN LTD. AND OTHERS VS. PERMANENT LOK ADALAT FOR PUBLIC UTILITY SERVICES AND ANOTHER [LAWS(P&H)-2016-3-275] [REFERRED TO]
BRANCH MANAGER, BAJAJ ALLIANZ LIFE INSURANCE CO LTD AND ANOTHER VS. GURDARSHAN SINGH AND ANOTHER [LAWS(P&H)-2015-9-759] [REFERRED]
TORRENT POWER LTD VS. STATE OF U P [LAWS(ALL)-2013-12-130] [REFERRED TO]
DIVISIONAL ENGINEER VS. RAMAN SINGH AND ANOTHER [LAWS(ALL)-2018-8-201] [REFERRED TO]
ANJU KISHOR T VS. STATE OF KERALA [LAWS(KER)-2020-8-335] [REFERRED TO]


JUDGEMENT

- (1.)We have heard the learned counsel for the petitioner. The challenge is to the validity of the Legal Services Authorities (Amendment) Act, 2002 (in short "the Act") whereby a new Chapter VI - A has been inserted relating to prelitigation conciliation and settlement. It is quite apparent that this Chapter has been enacted as being complementary to S.89 of the Code of Civil Procedure, 1908 (in short "the Code") which is a new provision enacted and implemented with effect from 1-7-2002.
(2.)We have gone through the provisions of the said Chapter which contemplate the setting up of Permanent Lok Adalats for deciding disputes in which public utility services is one of the matters involved. It is quite obvious that the effort of the Legislature is to decrease the workload in the courts by resorting to alternative dispute resolution. Lok Adalat is a mode of dispute resolution which has been in vogue since over two decades. Hundreds of thousands of cases have been settled through this mechanism and is undisputedly a fast means of dispensation of justice. The litigation is brought to a quick end with no further appeals or anguish to the litigants. The constitution of the Permanent Lok Adalat mechanism contemplates the judicial officer or a retired judicial officer being there along with other persons having adequate experience in the public utility services.
We do not find any constitutional infirmity in the said legislation. The Act ensures that justice will be available to the litigant speedily and impartially. We do emphasise that the persons who are appointed on the Permanent Lok Adalats should be persons of integrity and adequate experience. Appropriate rules, inter alia in this regard, no doubt will have to be framed, if not already in place.

(3.)We uphold the validity of the said Act and hope that the Permanent Lok Adalats will be set up at an early date. The Lok Adalats are enacted to primarily bring about settlement amongst the parties. The parties are normally required to be present in person and since the impugned provisions are in the interest of the litigating public, the Lok Adalats shall perform their duties and will function, even if members of the Bar choose not to appear.


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