ADRLok adalatSupreme Court of India

P.T. Thomas v Thomas Job

(2005) 6 Supreme Court Cases 47820051 min read
The case in brief30-second read
Facts
A dispute between P.T. Thomas and Thomas Job was referred to a Lok Adalat. Thomas alleged that the settlement was recorded under pressure/threat without genuine consent.
Issue
Whether a Lok Adalat award recorded without the genuine free consent of both parties is valid and enforceable.
Held
Consent is foundational to Lok Adalat jurisdiction; without genuine consent, the award is void.
Principle
A Lok Adalat award passed without genuine consent of both parties is a nullity; consent must be real, not merely formal
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Facts

  • A dispute between P.T. Thomas and Thomas Job was referred to a Lok Adalat
  • Thomas alleged that the settlement was recorded under pressure/threat without genuine consent
  • The Lok Adalat recorded the settlement as an "award"
  • Thomas challenged the award arguing lack of free consent

Issue

  1. Whether a Lok Adalat award recorded without the genuine free consent of both parties is valid and enforceable.

Held

  • Consent is foundational to Lok Adalat jurisdiction; without genuine consent, the award is void.
  • The consent must be real, informed, and free from coercion, undue influence, or threat.
  • A settlement recorded under pressure or threat is a nullity.
  • Challenge available through writ petition under Art. 226/227 (since S.21(2) bars regular appeal).
  • The court must examine whether consent was genuinely given.

Ratio decidendi

The entire legitimacy of a Lok Adalat award rests on consent. If consent is vitiated (by fraud, coercion, undue influence, or misrepresentation), the award is without jurisdiction and a nullity, challengeable through writ jurisdiction despite the no-appeal bar in S.21(2).

Exam use

How to use it in an answer

Key line: "A Lok Adalat award without genuine free consent is a nullity. Consent must be real, not merely formal. Challenge lies through Art. 226/227 writ petition."

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Citation

P.T. Thomas v Thomas Job (2005) 6 Supreme Court Cases 478

Reported: Supreme Court judgment. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.