^.r^ HIGHCQURT OFJUDECATURE CHHATTISGARH : BILASPUR SiNGLE BENCH : HON'BLE SHRI S.R. NAYAK, CJ. Writ Petition No.2950F 1997 PETITIONER Vs. The Associated Cement Company Ltd., Jamui Cement Works through Senior Vice-President, Jamul Cement Works, Dist. Durg (MP) RESPONDENTS PETITSONER ,,^^ RESPONDENTS 1. Unionofjndia Through General Manager, South Eastern Railways, Garden Reach, Calcutta - 700043 2. The Chief Operating Manager, South Eastem Railways, Garden Reach, Calcutta 700043 3. The Chief Freight Transporfation Manager (!&S), South Eastern Railways, Garden Reach, Calcutta - 700043 4. Divislonal Railway Manager, South Eastern Railways, Bilaspur Division, Biiaspur 5. Senior DEvisEonai Operating IVIanager, South Eastern Railways, Bilaspur. Writ Petition No.198 OF 1998 The Associated Cement Company Ltd., Jamu! Cement Works through Ssnior Vice-President, Jamul Cement Works, Dist. Durg (MP) Vs. 1. Unionofindia Through Genera! Manager, South Eastern Railways, Garden Reach, Caicutta - 700043 2. The Chief Operating Manager, ! South Eastern Railways, I Garden Reach, Calcutta 700043 3. The Chief Freight Transportation Manager (!&S), South Eastern Raiiways, Garden Reach, Caicutta -- 700043 4. Divisionai Raiiway Man|ager, ! South Eastern Raiiways, Biiaspur Division, Bilaspur (M.P.) 5. Senior Divisional Operating Mariager, South Eastern Railways, Biiaspur (M.P.) &-" "s' Present: Shri Manindra Shrlvastava, iearned Sr. Advocate with Shri Ashish Shrivastava, learned counse! for the petitioner. Shri Amit Chaudhari, learned counsel for the respondents/ Raiiways. ORAL ORDER (Passed on 22"a June 2006) In these writ petitions, the action of the respondents-RaiIways in recovering certain sums of money as demurrage charges in terms of the Railways Act 1989 has been assaited. According to the petitioners, the demands so made are untenabie, highly excessive and contrary to circulars (Annexure P/1 and P/2) issued by the Raiiways themselves. The Raiiways have filed return. The petitioners have fiied rejoinder to the return. The pteadings placed before the Court Would show that in pursuance of the representations made by the petltioners, waiver to an extent of 5% in demurrage charges has been acceded to by the department itseif. it is the contention of the petitioners that what has been waived Is totally inadequate and contrary to the above circuiars Issued by the department itseif. The clalm made by the petitioners has been seriously disputed by the Raiiways in their return. The factua! controversy brought before the Court cannot be resoived satisfactonly on the basis of affidavits and counter affidavits. Perhaps, realizing this posjtion, a request was made by the learned Senior Counsei appearing for the petitioners that the petitioners be permitted to make a comprehensive representation under the Time Motion Study' to the Divisional Railway Manager, Bilaspur, because, he is empowered to grant waiverto an extent of more than 5% ofthe demurrage charges. (2) En that view of the matter, ieaving open all contenttons raised by the parties in their respective pleadings before this Court in fhese writ '^^^ \~ -3'- petitions to be agitated before the Divisional Railway Manager, ! dispose of these wrjt petitlons permitting the petitioners to make a comprehensive representation/appfication under the Time IViotion Study* to the Divisionaf Railway Manager. if such representation/appiication is made by the petltioners within a period of one month from today, the Divisionai Railway Manager sha!i consider the same under the 'Time Motion Study' and in terms of the reievant circuEar issued by the Rallways from time to time and after providing hearing to the authorized representatives of the petitioners. The dispute between the parties is pending for quite iong time. Et is trusted that the Divisional Railway Manager would consider and dispose of the application of the petltioners, as expeditiousiy as possibie, at any rate, within a period of six months from the date of submission of the appSication/representation. The parties shali bear their respective costs in these writ petitlons. Chief Justice ^0 ^ynf^ 1