LAWS(CAL)-2022-9-133

RASHMI METALIKS LIMITED Vs. UNION OF INDIA

Decided On September 14, 2022
Rashmi Metaliks Limited Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The writ petition has been preferred by Rashmi Metaliks Ltd. (hereinafter referred to as the "petitioner company"), inter alia, questioning the system introduced by the Senior Divisional Operations Manager, South Eastern Railway, being the respondent no. 5 for loading the rakes at the private siding of the petitioner company situates between Barajamda and Barbil stations for the period from 1/2/2008 till 8/7/2008 vide order of the said respondent no. 5 which was notified by the Station Manager, Barajamda. The petitioner company has also challenged letters dtd. 22/5/2009; 8/7/2009; 7/6/2012; 19/11/2009 and 9/2/2010 whereby requests of the petitioner company for refund of demurrage charge was spurned.

(2.) Petitioner company provided infrastructure at its private siding situates on its land between the rail stations Barajamda and Barbil for rake loading and the weighbridge of the said siding is installed near to the take-off point wherefrom main line starts. According to the petitioner company full rake cannot be accommodated between the weighbridge and the take-off point. The said infrastructure for rake loading has been provided by the petitioner company for loading iron-ore. Before 1/2/2008 the petitioner company was required to load the rakes under the system which was based on certification by the Guard of the rake who remained present at the siding of the petitioner company while loading. The free time for such rake loading has been three hours meaning thereby if for loading a particular rake more than three hours is consumed by the petitioner company as per norms the petitioner company is required to pay demurrage charges.

(3.) It has been submitted by the petitioner company that on introduction of new system effective from 1/2/2008 the loading completion time was to be reckoned on weighment of the last wagon of the rake. Due to introduction of the procedure for determination of rake loading time effective from 1/2/2008 the certification made by the Guard of the rake was not to be considered for determining such loading time. Along with loading of rake the process of weighment of wagon was included being part of loading time till the weighment of the last wagon of a rake.