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Electronics Corp.Of India Limited vs Union Of India & Ors on 17 February, 2011

14 The Alternative Dispute Resolution Mechanism suggested and set up by the Supreme Court was, however, later reviewed by the Supreme Court in the case of Electronics Corporation of India vs. Union of India, (2011) 3 SCC 404. The Supreme Court though found the principle and the object behind the passing of various orders by it in the supra judgments unexceptionable and laudatory, but noted that the experience had shown that despite best efforts of the Committee of disputes (COD), the mechanism did not achieve the desired results. The mechanism provided was found counterproductive and led to delays in litigation. The Supreme Court, therefore, recalled all the orders passed in the aforesaid cases. Notwithstanding the recall of the directions issued by the Supreme Court in the aforesaid cases setting up a mechanism for resolution of inter-departmental disputes and the disputes between one Department of the Government and the Public Sector Undertaking, the 9 Government of India through the Ministry of Law and Justice promulgated detailed instructions/guidelines for settlement of disputes other than relating to taxation. This was done by the Ministry of Law and Justice, Department of Legal Affairs vide Office Memo No. 334774/DoLA/AMRD/2019 dated 31.03.2020. The Office Memo issued by the Ministry of Law and Justice is significant for our purpose and is, therefore, set out below:
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