Lok Adalat Award Cannot Be Challenged Before Writ Court Unless Fraud Or Lack Of Jurisdiction Is Alleged: Rajasthan HC
The Rajasthan High Court observed that an award of Lok Adalat cannot be assailed in a routine manner before the Writ Court unless fraud or lack of jurisdiction is alleged.
The Court was hearing a batch of Writ Petitions filed by RSRTC against the awards passed by the National Lok Adalat as well as by the workmen seeking implementation of such awards.
The bench of Justice Anoop Kumar Dhand observed, “…award passed by the Lok Adalat shall be final and the same cannot be assailed in a routine manner, before the Writ Court unless allegation of fraud are there against a party. An award can be assailed only if the same is passed without jurisdiction or is obtained through impersonation or playing fraud with the Court.”
Advocate Sumit Kumar Jain appeared for the Appellant and Senior Advocate R.N. Mathur appeared for the Respondent.
To make the picture clear, the Court explained the facts of one of the Writ Petitions where the services of workman Virendra Singh were terminated on the allegations of collecting fares from passengers without issuing tickets. Aggrieved by the order, he approached the High Court, but his petition was initially dismissed on the ground that there was an alternative remedy available under the Industrial Disputes Act. The Division Bench allowed his appeal noting that his termination was stigmatic and violated principles of natural justice and ordered his reinstatement without back wages. The matter was referred to the National Lok Adalat which reinstated Singh without back pay but treated his service as continuous for pension and gratuity purposes. RSRTC challenged the award on the technical ground that the settlement was signed by a different counsel without consent from their primary legal representatives.
While explaining about the Lok Adalat the Court said, “It is a forum where disputes/ cases pending before the Court of Law are settled/ compromised amicably. Lok Adalat aims to provide a cost-effective, timely and amicable resolutions of the disputes, reducing the case load of the Courts and promoting social harmony. The Lok Adalat is a way where both parties win and no one loses.”
The Court mentioned the Supreme Court decision in P.T. Thomas v. Thomas Job reported in (2005) 6 SCC 478, where the SC has held that the Court’s attempt should be to give enforceability to the award passed by the Lok Adalat and not to defeat the same on technical grounds.
The Court dismissed the Writ Petitions filed by the RSRTC.
Finally, the Court allowed the Writ Petitions filed by the workmen for implementation of the awards, passed by the National Lok Adalat and directed the respondent-RSRTC to implement the awards passed in favour of the workmen.
