Mohinder Singh vs State of Punjab and Others

Alok Singh, J.—Permanent Lok Adalat (Public Utility Services), Bathinda, vide award dated 10.6.2011 has decided the dispute between the parties on merit by invoking sub-section (8) of Section 22C of the Legal Services Authorities Act, 1987 (in short ''the Act'') without following the procedure provided under sub-sections (4),(5),(6) of Section 22C the Act. This Court in the case of Reliance General Insurance Company Limited Vs. Vijay Kumar & another in CWP No. 20825 of 2010 vide judgment dated 04.01.2012 has held that Permanent Lok Adalat has absolutely no jurisdiction to invoke sub-section (8) of Section 22C of the Act without following the procedure provided under sub-sections (4), (5), (6) of Section 22C of the Act. Therefore, award in question passed directly invoking sub-section (8) of Section 22C of the Act cannot be sustained in the eyes of law in view of judgment of this Court dated 04.01.2012 in the case of Reliance General Insurance Company Limited (supra).

Petition is allowed. Impugned award is set aside. However, respondents shall be at liberty to approach appropriate forum for redressal of their grievance.