EASTERN-CENTRAL RAILWAY Vs. ASHOK KUMAR VERMA

JUDGEMENT

(1.) LEARNED Counsel appearing for the Railway authorities -Govt. of India, submitted that the Permanent Lok Adalat, Dhanbad has decided the dispute on merits without the consept of the present petitioners which is totally de -horse the provisions of Legal Services Authorities Act, 1987 (herein -after -referred to as 'the Act, 19870 and it is also submitted by the learned Counsel for the petitioners that Permanent Lok Adalat, Dhanbad has lost sight of the fact that they are not judges, and they cannot wear the robe of the court from the very beginning. Their primary role is of conciliator and not of an adjudicator, otherwise for adjudication various civil courts are available. Parties are never going to the Permanent Lok Adalats for getting decision on merits. There is no power, jurisdiction and authority vested in the Permanent Lok Adalat to decide the issues on merits without consent of the present petitioners. The learned Counsel for the petitioners relied upon the? decision rendered by Hon'ble Supreme Court, reported in 2000 (2) SCC 660 and as well as a decision rendered by this Court in Writ Petition (C) No. 1449 of 2008 judgment dated 9th April, 2009 and submitted that the order passed at Annexure -1 by the Permanent Lok Adalat, Dhanbad in P.L.(M.V.) Suit No. J635 of 2004 dated 20.7.2007 deserves to be quashed and set aside. It is submitted by the learned Counsel for the petitioners that the procedure as prescribed under Section 22(C) of the Act, 1937 has also not been properly followed by the Permanent Lok Adalat, Dhanbad, as directed by the Division Bench of this Court as stated herein above, therefore, the order passed at Annexure -1 deserves to be set aside.

(2.) THOUGH respondents were served, no body appears on behalf of the respondents. Learned Counsel for the petitioners submitted that on the previous date of hearing i.e. on 20.05.2009, also the respondents were absent and the matter was adjourned for today.

(3.) HAVING heard the counsel for the petitioner and looking to the facts and circumstances of the case, I, hereby quash and set aside the order passed by the Permanent Lok Adalat, Dhanbad in P. L.(M.V.) Suit No. 1635 of 2004 dated 20.7.2007 for the following facts and reasons: