MEHENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This review application has been filed against the order dated 13.04.2005 passed by this Court in Misc. Appeal No.12457/1997 whereby the appeal of the applicant was dismissed on the basis of preliminary objection raised by learned counsel for respondent that because the Railway Administration has not been sued in terms of Section 3(6) of the Railways Act, 1890 (in short "Act of 1890"), the claim petition which was rejected by the Tribunal, was affirmed by this Court.

(2.) The contention of learned counsel for the applicant is that the decision of Supreme Court in the case of State of Kerala v. General Manager, Southern Railway, Madras, 1976 AIR(SC) 2538 was passed on the basis of Act of 1890, however, the claim case was filed under the Railways Act, 1989 (in short "Act of 1989"). Learned counsel for applicant has invited my attention to the definition clause 2(32) of Act of 1989 wherein the railway administration has been defined and has submitted that if the definition is read conjointly in juxtaposition to section 107 of this Act it would be as clear like a noon day that only against railway administration the application would be filed. Hence, learned counsel for applicant submits that since on the basis of quoting the wrong provisions of law which were not applicable, the impugned order in the aforesaid Misc. Appeal has been passed, therefore, there appears to be a mistake apparent on the face of record and therefore this review application be allowed.

(3.) On the other hand, Shri Patel, learned counsel appearing for respondent argued in support of the impugned order.