MODI CEMENT LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule DB.

(2.) In this writ petition, the petitioner has challenged the legality and validity of the Agreement dated 19. i. 1987, whereunder the petitioners has agreed to bear the cost of the TXR staff, According to the petitioners, the petitioners were forced to give an unconditional acceptance of the Railway Standard Agreement Form, according to which they were required to bear the cost of TXR staff posted at petitioner no. l's siding at Bhatspara station. That stipulation in the Agreement was contrary to the specific written instructions of the Railway Board. The petitioner's-case is that the petitioners aienotboundbythestipulat'on ia the Agreement in view of the Circular of the Railway Board dated 1.12.1986 which supersedes the earlier Circulars dated 28.1.1985 and 13.4.1981. The petitioners executed the Agreement as they were not aware of the Circular dated 1.12.1986. The petitioners have therefore, prayed that it may be declared that clause 3(vi) of the Railway Board Circular no. 85/WI/SP/45daied 1.12.1986 is applicable to the petitioner no. I and that overrides the Agreement dated 19.1.87 and the agreement contrary to the aforesaid circular be declared null and void and the respondents be directed not to recover any money on account of cost of the TXR staff in terms of the Agreement and whatever costs have already been paid by the petitioner, the same be refunded to the petitioners.

(3.) The respondents case is that the TXR staff has been provided for examination and certification at the petitioner's premises and the work of the said staff is confined only to the petitioner's siding and they are not doing any other work. It is the further case of the respondent that M/s Modi Cement Siding is not connected with any Railway Siding where from the examination, certification and repairs of both the inward arid outward wagons of the siding can be carried out as per extant system of end-to-end traffic operation and for which M/s Modi Cement is required and agreed to pay the charges for the TXR staff necessary for the siding in terms of Boards circulars The TXRs staff is provided for the convenience of M/s Modi Cement for loading/unloadjng of cement and the party has to bear the cost of the TXR staff irrespective of the level of loading/unloading of traffic, as stipulated in Board's letter dated 13.4 81 According to the respondents, the petitioner's case is covered under clause (ii) of Circular dated 13.4.1981.