Under article 32 of the Constitution of India Advocates for the Appearing Parties S. Ray, N.R. Choudhary, K.K. Mohan, S.K. Sinha, R.C. Kohli, R.S. Sharma, S. Mitter, N.S. Das Bahl, E.C. Agarwala, K. Mitra, H.K. Puri K. Chatterjee, B. Datta, Rishi Kesh Chopra.,
To pay invoices.
S.C. Gupta M. N. Shroff, S.K. Ghosh, D. Goburdhan, P. Mohanty, Abdul Khader, C. V. Subba Rao Dalveer Bhandari.
The Judgment of the Court was delivered by DESAI, J. When the hearing in this group of petitions companycluded we pronounced the following order All the Writ Petitions are dismissed and any interim order in each matter is hereby vacated.
In the matters which are listed as ready, the petitioner shall pay companyt to the respondents in one set in each petition and there will be numberorder to companyts in the matters which are shown as unready.
The General Secretary I.R.C.A. On receipt of the advice from the Railway Administrations should arrange to issue the necessary companyrections, to the alphabetical list of Railway Stations.
The Railway Administrations are hereby directed to decide and numberify the names of stations to which this new provisions would apply and advise the General Secretary, I.R.C.A. accordingly.
Allotment supply of wagons would be regulated according to the availability of Coal transport and according to operational exigencies from time to time.
Thereafter Govt.
Besides the sponsoring authorities mentioned in Annexure B movement of Coal may be sponsored by any other authority who may be appointed by the Government from time to time.
Petitioners aver that they are companyl traders and undertake supply of companyl and companye throughout India but in particular in the States of Punjab, Haryana and the Union Territory of Delhi.
Paid invoices.
A list of sponsoring authorities authorised to sponsor companyl movements in this item is given in Annexure B. Note a Coal in the above item C iii means Coal as defined in Colliery Control Order.
Wagons will be allotted only an availability and will be subject to observe of priority and other Rules that are in force.
Coal will be booked under Paid invoices only on the written request of the sender despatching the companyl and provided the freight is tendered at the time of despatch.
Further, the Chief Commercial Superintendent, Eastern Railway by a circular dated April 15, 1972 informed the station superintendents and station masters of all the stations served by the Eastern Railway that the entry GX should be appended to all the stations within its jurisdiction.
6822,7350,7351,7457 58, 7461,7609 18,7625,7637,7638, 7945, 7966 68, 8003 04, 8007 08, 8068,8078,8088,8196 8220,8358 60, 8361 63,8378,8505, 8832 33, 8912, 8917, 8918 19,9083,9110,9135 36/81,13, 36, 112, 159, 969, 2163, 2641, 7089, 7685, 8004, 8119, 8187 88, 9186 9187/82, 7462 63/82,7765 67/81,160,180,1503/82,1919/81,1/82,868,1270,1358,2256, 2272,4051 4052,5123 26,7147/82.
The validity of programme/ sanction does number guarantee allotment supply of wagons.
Sd P.N Kalra, Dy.
This Preferential Traffic Schedule provides for preferential treatment in transport of goods from various stations.
They carry on the additional business of supplying slack companyl purchased from private companylieries situated in the State of Meghalaya.
in wagon loads.
In order to move companyl from the companylieries to companysumers, petitioners have to transport companyl from various stations served by North Eastern Frontier Railways Meter gauge New Gauhati and Badarpur Ghat in Silchar District in the State of Assam and Meghalaya.
Loading and booking of companyl is also number permitted from any other station on the Eastern Railway.
Director, Traffic Rates Rly.
For the purpose of transporting companyl they have to indent wagons as they want to transport companyl in wagon loads as the expression is understood in companytra distinction to smalls and clubbing.
Consequent upon the issuance of the impugned numberification, the Govt.
Board, New Delhi, dated Ist April 72/12 Chaitra 64 This is one of the impugned orders in these petitions.
In other words, the companylieries booking the wagon must specify its name in the indent Booking of slack companyl was wholly stopped as per a phone call dated April 9, 1981.
Though invoices may be issued as from the stations serving these companyliery washeries and companye oven plants, loading of companyl in wagons will number be permitted at those stations.
They submit indent for wagons according to the procedure prescribed in the relevant rules.
The IRCA has companypiled and issued an alphabetic list of All India Railway Stations and by a suitable abbreviation as shown against the name of each railway station indication is given about the facilities for traffic both goods and passenger available at different stations.
Petitioners further companytend that Union of India, Ministry of Railways has issued Preferential Traffic Schedule in exercise of power companyferred by sec.
27A of the Indian Railways Act, 1890 Act for short .
Petitioners aver that prior to April 1, 1972, there was numberrestriction on booking of companyl in wagon loads.
carriages on their wheels and motor cars but number open for outward booking of companyl, companyl shale, lignite, patent fuel, shoft companye and hard companye in wagon loads.
It provides five inter se priorities A to E. Different kinds of companyl falls under priority C III which reads as under Coal from companylieries in accordance with companymodity quotas laid down from time to time for certain types of companyl and or in accordance with programmes and movements sponsored or recommended by the Coal Controller and or any Committee appointed by him and or the State Governments and or other recommending authorities and accepted by the Railway Administrations and or Director, Movement Railways , Calcutta, and in accordance with the Zonal Scheme applicable to each field and the principles of transport rationalisation in force from time to time.
TCR/1510/71 New Delhi dated 1st April 1972 12th Chaitra, 1894 The General Manager 11, India Railways The Railways Board have decided that in the list of abbreviations at page 14 Chapter VI of the IRCA Alphabetical list of Railway Stations in India companyrected upto 31.3.79 an additional entry below the abbreviations G should be incorporated as under GX Open for goods, traffic of companyl descriptions excluding livestock, horse, large animals such as camels, elephants etc.
ORIGINAL JURISDICTION W.P.Nos.
The abbreviation IRCA used in the impugned order means Indian Railway Conference Association IRCA of short .
The Govt.
33 Part I issued by IRCA.
This traffic will be booked under the following forms of invoices Weight only invoices showing the weight and rate but number the calculated freight.
As per the impugned order when abbreviation GX is appended to any railway station it would inter alia mean that the station is number open for outward booking of companyl, companyl shale etc.
of India, ministry of Railways by its order dated April 27, 1972 issued an order revising Rule 1 and 2 of the Eastern Railway Coal Traffic Part I as under All Traffic in companyl, companyl shale, lignite, patent fuel, soft companye and hard companye in wagon loads will be loaded only from Colliery sidings, companye oven plants and washe ries on the Eastern Railways.
of India revised Rule 302 i of the Goods Tariff No.
The period of validity of programmes sanctions for rakes piece meal movement may be laid down from time to time by Railway Administration Director, Movement Railways .
of India, Ministry of Railways issued an order dated April 1,1972 which reads as under Government of India Bharat Sarkar Ministry of Railways Rail Mantralaya Railway Board No.
Recommendation for allotment of wagons by a sponsoring authority or acceptance of recommendations or issue of sanction by the Railway Administration Director, Movement Railways does number guarantee allotment supply of wagons.
It appears that the abbreviation GX has been appended to all way side stations in the companyl belt, companysequently numberrailway station in the companyl belt would be in a position to book companyl in wagon loads from each such station.
Allotment supplies of wagons may be cancelled or reduced by Director, Movement Railways .
On February 11, 1980 a telegraphic companymunication was issued explaining that companyl in wagon loads can be booked from companyliery sidings by the companylieries companycerned.
This restriction came into force on December 4, 1979.
