LAWS(CAL)-2014-9-77

RASHMI METALIKS LIMITED Vs. UNION OF INDIA

Decided On September 29, 2014
Rashmi Metaliks Limited Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN the year 2008, a new rate system was adopted by the Railway authorities for transportation of iron ore, in the Rates Circular No. 24 of 2008, issued on 12 May 2008. It was provided, inter alia, in this Rates Circular: -

(2.) SUCH freight rates are fixed in relation to individual commodities in terms of Sections 30 and 31 of the Railways act, 1989 (the 1989 Act), which provides: -

(3.) THE Rates Circular No. 30 of 2008, which had been issued replacing Rates Circular No. 24 was subsequently superseded by the Rates Circular no. 36 of 2009, by the Railway Board under memorandum No. TCR/1078/2007/3 dated 1 June 2009. As per this circular, Iron Ore was to be charged at the rate specified against class 180. This Circular in substance raised the freight rate for iron ore. The same Circular also introduced a distance based charge, applying a progressive rate -reduction method, postulating lower charge for longer distance. Iron Ore meant for domestic consumption, however, was to be charged at a flat rate as per class 180, subject to fulfilment of certain conditions specified therein. So far as the present proceeding is concerned, Rates Circular No. 36 of 2009 is relevant and this Circular stipulates: -