Calcutta High Court (Appellete Side)
Orissa Stevedores Limited And Others vs Union Of India And Others on 8 May, 2014
Author: Soumitra Pal
Bench: Soumitra Pal
1
W.P. 25558(W) of 2012
8.5. 2014
Orissa Stevedores Limited and others
Versus
Union of India and others
Mr. Pitambar Acharya, Senior Advocate
Mr. N. Srinivas,
Mr. Manoj Kumar Singh,
Mr. A. Verma,
..for the petitioners.
Mr. Partha Sarathi Bose, Senior Advocate
Mr. Saptarshi Roy,
..for the Railways.
Heard Mr. Pitambar Acharya, learned senior advocate for the petitioners and Mr.
Partha Sarathi Bose, learned senior advocate for the Railways.
In view of the judgement in Bhagaban Dey vs. Union of India and others : AIR
2010 Calcutta 13. and an unreported judgement dated 30th September, 2011 in W.P.
16565(W) of 2011 (Essel Mining & Industries Limited and another vs. Union of India
and others) relied on behalf of the respondents and in view of Section 36(C) of the
Indian Railways Act, 1989 since there is an alternative remedy, no order is passed on the writ petition.
Mr. Acharya, on instruction from Manoj Kumar Singh, learned advocate on record for the petitioners, submits that the petitioners may be granted liberty to file appropriate application before the Railway Rates Tribunal within three weeks from this date and till that date the Railways may be directed not to take any coercive action. 2 In view of the submission made on behalf of the petitioners, the petitioners are at liberty to file appropriate application before the Railway Rates Tribunal within three weeks from this date and till that date the Railway Authorities shall not take any coercive action. It is, however, made clear that I have not gone into the merits of the matter and all points are left open to be dealt with by the Tribunal in the event application is filed by the petitioners in accordance with law.
The writ petition is disposed of.
No order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.
(Soumitra Pal, J. )