DARSHAN KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) All the above noted three writ petitions based on identical questions were heard together and are being disposed of by the single order.

(2.) It is stated that the petitioners purchase the coal and indents wagons from the railway administration, which are supplied to the petitioners for loading of coal per the terms of letter of sponsorship. After the wagons are allotted, the coal is loaded in the wagons by the labour of the petitioners. It is alleged that the loading is done under the guidance and supervision of the railway staff of the forwarding station and the coal is loaded in wagons in accordance with the guidelines given by the railway authorities. Each wagon has marked carrying capacity and the minimum weight for the charge of freight of coal is specified. It is also not disputed that the over-loading of the wagons is not permitted by the railway administration, because the over-loaded wagon is a potential, danger to the safety of a running train. The Ministry of Railways have, therefore, issued strict instructions to railway employees to ensure that wagons are not allowed to be over-loaded. It is further stated that the wagons after having been loaded with coal under the supervision of the railway staff must be weighed on the weigh-bridges, in case the weigh-bridge is not provided at the forwarding station, the same may be weighed at the first weigh bridge station and in case the wagon is found to be over-loaded, the excessive load should be off loaded and the wagons despatched to the destination station. The petitioners, who are dealing in coal, load the wagons in accordance with the above instructions, when the wagons are found overloaded, the railway administration by way of incorporating an amendment in the Goods Tarrif Part I, Vol. I incorporated R.161-A, which was made effective from Aprl. 15, 1984 (sic) In this rule, a penalty for loading commodities in loose condition beyond the permissible carrying capacity of the wagon stood revised. This provision caused the trouble to the petitioners giving rise to the present petitions.

(3.) The petitioners have filed these petitions attacking R.161-A of the Goods Tarrif as violative of the petitioners' fundamental rights as guaranteed under Art.19(1)(g) of the Constitution of India. A plea is also raised that the increased rate of penal freight as provided in R.161-A of the Railway Goods Tarrif is absolutely unjust, inequitable, arbitrary, excessive, unbearable for a commodity like coal and as such is illegal. On the abovesaid premises, the petitioners have, therefore, prayed for the following reliefs in the writ petition :-