UNION OF INDIA Vs. MYSORE PAPER MILLS LTD

JUDGEMENT

(1.) THESE appeals arise out of two different but identical orders passed by the Railway Claims Tribunal, Bangalore bench, whereby an additional issue touching the jurisdiction of the Claims Tribunal to entertain the claim petitions has been answered in favour of the claimants and against the appellants in these appeals.

(2.) IT is not in our view necessary to set out the factual background in which the respondents have filed two different claim petitions before the Tribunal seeking refund of the excess fare charges allegedly recovered from them. All that need be said is that in the claim petitions filed before the Tribunal, the appellant herein raised an objection as to the jurisdiction of the Tribunal to entertain such claim petitions. The claims Tribunal accordingly framed an issue to the following effect in both the claim petitions: "has this Tribunal no jurisdiction to try this application under section 26 of the indian Railways Act, 1890?"

(3.) BY two identical orders both dated 27. 2. 1997, the Tribunal has answered the issue in the negative holding that it has the jurisdiction to entertain the claim petitions filed before it. Aggrieved by the said orders, appellants have filed the present appeals to assail the correctness of the same.