JUDGEMENT
-
(1.) Heard the parties.
(2.) The grievance of the petitioner is that the
impugned order dated 21.12.2009, as contained in
Annexure-2, has been passed by the Permanent Lok Adalat,
Jamshedpur, whereby the said Permanent Lok Adalat
without having any jurisdiction, has entered into the
disputes between the parties and after adjudicating the
disputes has illegally passed an Award, awarding a claim
of Rs.3,87,568/- against the petitioner.
(3.) In a series of decision of this Court, it has
been held that a Permanent Lok Adalat has the role only
as a Conciliator and not of adjudicator and it has
consistently been held by this Court that the duty of
the Permanent Lok Adalat is to bring the parties to a
settlement and to pass award instead of adjudicating a
dispute and pass an award without taking notice of the
Act and the Rules under which claim was entertainable.
The Permanent Lok Adalat has no jurisdiction to
directly invoke the provisions of Sub Section (8) of
Section 22-C and decide the dispute on merit agaisnt the
will of the parties. Reference may be made to the case
of Bharat Sanchar Nigam Limited Vs. The State of
Jharkhand and Another reported in 2008(3) JLJR 513.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.