UDAIPUR CEMENT WORKS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) These three writ petitions are against the common order of Railway Claims Tribunal, Jaipur (for short "the Tribunal") dated 3-4-1992 by which the Tribunal rejected three claim petitions filed by the petitioner on the ground that the Tribunal has no jurisdiction to entertain the claim in relation to any charge levied and recovered by the Railway under heading of "siding charges" as according to the Tribunal, the siding charges are not part and parcel of freight and hence, it has no jurisdiction to adjudicate the same.

(3.) Brief facts of the case are that the petitioner is a company registered under the Companies Act, 1956. It has its division at Udaipur. The petitioner company booked certain articles in the form of boxes to be carried by the respondent Railways. The petitioner paid freight at the booking station and for that, the Railway issued receipts to the petitioner. According to the petitioner, at the time of booking, the respondents erroneously charged siding charges higher on the ground that they will be using three engines therefore, the siding charges will be thrice to the normal rate. According to the petitioner, the South Eastern Railways vide communication dated 3-1-1989 confirmed that the revised rates are to be charged irrespective of number of engines used. According to the petitioner at the booking station, more charges were levied because of one defective circular issued by the Chief Commercial Superintendent (Rate), South Eastern Railway.