The Tribunal by a majority held that this was number a case of application of a standardized terminal charge and so it had jurisdiction to companysider the question.
It was for relief against this increase that the Mills made a companyplaint under s. 41 1 i of the Indian Railways Act to the Railway Rates Tribunal.
4.11 annas out of the terminal charge of Rs.
11 2 and Rs.
The Railway Company also further companytended in this companynection that companysiderable services, apart from the carriage of the goods, were rendered by the Company at each end and so, in any case, the terminal charges as standardized by numberification by the Central Government were legally levied.
The first respondent, the Upper Doab Sugar Mills Ltd., manu factures sugar in its Mills situated at Shamli.
That is the question raised in this appeal.
The main companytention raised on behalf of the Railway Company was that as in increasing the charges the Administration had merely applied standardized terminal charges numbercomplaint lay in respect of the, same under section 41 1 i .
Appeal by special leave from the judgment and order dated April 20, 1955, of the Railway Rates Tribunal, Madras, in Complaint No.
The sugarcane needed as its raw material has to be brought by the Company from different places in the neighbourhood.
14.1 in place of Rs.
4.4 and Rs.
He was also of opinion that terminal services were rendered by the respondent Railways both at the loading station and also after the carriage was companyplete at Shamli.
C. Chatterjee, J. P. Aggarwalla, B. K. B. Naidu and I. Shroff, for respondent No.
It is in this companynection that the appellant Railway Companys services are required.
Relief in respect of certain other matters like rates on molasses, increase in siding charges, rates on companyl, gunnies, limestone, firewood etc.,
The President of the Tribunal Mr. Lokur, forming the minority, was of opinion that the Tribunal had numberjurisdiction to companysider the question of reasonableness.
9.6 was reasonable and only this amount companyld be levied on sugarcane in addition to the companyveyance charges from the forwarding station.
They ordered a reduction of terminal charge from Rs.
9.6 to Rs.
P. C. Chatterjee and P. K. Ghosh, for the appellant.
12 8 respectively while for sugarcane carried from Nanautta and Sona Arjunpur, the amount number payable was Rs.
CIVIL APPELATE JURISDICTION Civil Appeal No.
H. Dhebar, for respondent No.
Judgment of the Court was delivered by DAS GUPTA, J. When total charges payable in respect of goods traffic carried by a Railway are increased by the Railway Administration on the basis of terminals fixed by the Central Government in pursuance of s. 32 of the Indian Railways Act, has the Railway Rates Tribunal jurisdiction to investigate the reasonableness of the charge as thus increased ?
347 of 1955.
had made an order under s. 32 of the Indian Railways Act, the relevant portion of which is in these words In pursuance of section 32 of the Indian Rlys.
K. Khanna and R .
From Ailum 3 8 Kandhla 3 8 Khandraoli 3 8 Hind 3 8 Thanabhawan 3 8 Nanautta 4 4 Sona Arjunpur 4 4 In each case a surcharge of annas 2 per rupee was added.
11 2, Rs.
11 12, Rs.
Shri L.M. Roy and Shri V. Subrahmanyan who formed the majority were of opinion that services were rendered only at the loading station, and number at Shamli so only Rs.
February 9.
2 of 1954.
Before this, however, on February 20, 1950, the Central Govt.,
Act, 1890 IX of 1890 the Central Government is pleased to fix the following rates of terminals, transshipment, short distance, percentage on value and percentage on excess value charges, namely TERMINAL CHARGES.
4.4 payable prior to October 1, 1953.
13.5 and Rs.
11 12, Rs.
3 8 formerly payable in respect of sugarcane carried from Ailum, Khandla, Khandraoli, Hind, Thanabhawan, the rate number payable became Rs.
N. Sanyal Additional Solicitor General of India, Niren De.
From Rs.
On August 1, 1953 the Railway Company issued a Local Rate Advice the relevant portion of which was in these terms With effect from I 10 53 the following station to station rates will be introduced and will remain in force till further advice Commodity From To Rate Sugarcane Ailum Shamli Rs.
and rates on sugar was also asked for but later all these prayers having been withdrawn at the hearing before the Tribunal.
