ASSISTANT PROVIDENT FUND COMMISSIONER AND ORS Vs. CHANNAIAH

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 21.07.2016 passed in PLA No. 6/2014 by the Permanent Lok Adalat at Bangalore.

(2.) The petitioner alleging that certain amounts due and payable towards Provident Fund has not been paid by the respondents had filed a petition in PLA No. 6/2014 before the Permanent Lok Adalat. Pending consideration of the claim, on taking note of the contention that had been put forth, the Permanent Lok Adalat through the interim order dated 21.07.2016 has sent a copy of the CPI having jurisdiction to find out the truth relating to the claim as put forth and it also directs to take action against the complainant if the complaint is wrongful or in the alternative to take action against the respondents before it. The said order is assailed in this petition.

(3.) Since the interim order as passed by the Permanent Lok Adalat is in issue before this Court, the correctness or otherwise of the claim as put forth by the respondent before the Permanent Lok Adalat and the justification to oppose the same need not be gone into in this petition. In that background while taking note of the interim order dated 21.07.2016 passed therein, it is seen that since the respondent herein made out a grievance before the Permanent Lok Adalat that a complaint filed with the police had not been acted upon, such directions have been issued by the Permanent Lok Adalat. The same cannot be sustained since keeping in view the complaint made by the respondents and the justification put forth by the petitioner herein, the Permanent Lok Adalat itself was required to take note of the same and arrive at a conclusion on the basis of the material available before it but it ought not to have directed the police authority to proceed further in the matter to determine the truth or otherwise.