JAIPUR UDYOG LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) These two appeals by special leave are directed against two orders of the Railway Rates Tribunal (hereinafter referred to as the Tribunal) revoking under Sec. 41A of the Indian Railways Act, 1890 (hereinafter referred to as the Act) two previous orders passed by the Tribunal upon complaints made under Section 41 of the Act by the appellant before us.

(2.) The material facts are as follows. Jaipur Udyog Limited, appellant in each of these appeals, owns a cement factory at Swaimadhopur a station on the Western Railway and a limestone quarry at Phallodi at a distance of 24 Kilometers from the factory. Phallodi is about 8 kilometers from Rawanina Dungar station on the Western Railway. There is a siding connecting the main railway line at Rawanja Dungar station with the quarry at Phallodi. The siding is maintained by the railway administration on payment of charges by the appellant. On November 22, 1965 the appellant filed a complaint under Section 41 of the Act registered as Complaint No. 6 of 1965, alleging that the charges levied by the Railway administration were unreasonable. Civil Appeal No. 1479 of 1974 arises out of this complaint. By its order dated January 31, l969 the Tribunal disposed of the complaint reducing the maintenance, siding and the supplementary charges. On December 1, 1971 the railway administration applied under Section 41A of the Act for revision of the earlier order of the Tribunal praying that the earlier order be revoked or a fresh order made refixing the rates and charges. Civil Appeal No. 1547 of 1974 has its origin in a similar complaint, registered as Complaint No. 7 of l965 made by the appellant on November 18, 1965, in respect of similar charges made by the railway administration for the placement of wagons on and their removal from the railway lines within the appellant's premises and for maintenance of these lines. In this case also the Tribunal had reduced the charges by its order dated July 30, 1970. The railway administration applied under Section 41A of the Act for variation or revocation of the said order. However, at the hearing of these applications under Section 41A, the railway administration prayed for complete revocation of the previous orders which the Tribunal allowed. In these appeals the appellant contends that instead of revoking the earlier orders the Tribunal should have refixed the rates and charges on the evidence before it.

(3.) It appears from the impugned orders that the Tribunal did not find sufficient material for refixing the charges and vary the previous orders accordingly. On behalf of the appellant it was contended that if the railway administration had failed to adduce proper or sufficient evidence to enable the Tribunal to vary the earlier orders by refixing the charges, their application under S. 11A should have been dismissed. Sec . 41. so far as it is relevant for the present purpose, and Sec. 41A of the Act read as follows: