NEUTRAL CITATION
C/FA/1190/2007 ORDER DATED: 04/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1190 of 2007
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BHARAT PETROLEUM CORPORATION LTD.
Versus
UNION OF INDIA THRO' THE GENERAL MANAGER
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Appearance:
(MR GN SHAH)(751) for the Appellant(s) No. 1
MS MINOO A SHAH(774) for the Appellant(s) No. 1
MS ARCHANA U AMIN(2462) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH SHASTRI
Date : 04/09/2023
ORAL ORDER
[1] By way of present First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987, the judgment and order passed by the learned Railway Claims Tribunal, Ahmedabad in Claim Application No. OR 9900047 dated 21.02.2005 is challenged.
[2] The appeal appears to have been admitted by virtue of order dated 20.06.2007, and thereafter, it has come up for consideration before this Court.
[3] When the matter is taken up for hearing, Ms. Archana U. Amin, learned advocate appearing on behalf of railway administration i.e. respondent has produced an Office Memorandum dated 31.03.2020 indicating that whenever inter-departmental controversy is arising, the proper mode which is advised by the Ministry of Law and Justice, Department of Legal Affairs to approach the alternative mechanism Page 1 of 3 Downloaded on : Sat Sep 16 15:53:11 IST 2023 NEUTRAL CITATION C/FA/1190/2007 ORDER DATED: 04/09/2023 undefined in the name of Administration Mechanism for Resolution of Disputes (AMRD) and she has also submitted that the present controversy is amenable to be examined by that forum and as such she has requested to relegate the appellant to approach the aforementioned Administrative Mechanism.
[4] Upon perusal of the said Office Memorandum, Ms. Minoo A. Shah, learned advocate appearing on behalf of the appellant has candidly submitted that the aforesaid Office Memorandum is applicable and it is not in dispute that the present controversy can be examined by the Committee and as such has left it to the discretion of the Court.
[5] Having heard learned advocates appearing for the respective parties and having gone through the aforesaid Office Memorandum, it appears that the present controversy is amenable to be examined by Administrative Mechanism, as indicated above, and hence, in view of the applicability of the Office Memorandum, which is not in dispute, this Court is of the opinion that the appellant may approach the said forum i.e. Administrative Mechanism for Resolution of Disputes - Committee and as and when the appellant approaches such Committee, it is expected that the issue and the grievance, voiced out in the present appeal, will be examined at length.
[6] At the stage, Ms. Amin, learned advocate appearing for the respondent has pointed out that the similar controversy whether such disputes can be resolved inter se between the departments through aforesaid mechanism like this, the Hon'ble Apex Court almost in similar situation has on the contrary expected that the Page 2 of 3 Downloaded on : Sat Sep 16 15:53:11 IST 2023 NEUTRAL CITATION C/FA/1190/2007 ORDER DATED: 04/09/2023 undefined same be resolved through such process and has categorically submitted that there is no litigation pending with regard to this Office Memorandum dated 31.03.2020. In that view of the matter, the Court deems it proper to pass following :ORDER:
(i) The appellant i.e. original claimant is directed to approach the Committee which is indicated in Office Memorandum dated 31.03.2020 i.e. Administrative Mechanism for Resolution of Disputes (AMRD) within a period of FOUR weeks from today.
(ii) As and when the appellant approaches the said Committee, the Committee is directed to examine the grievance of the appellant and keeping in view the spirit of Office Memorandum, deal with the grievance and pass a suitable reasoned order in accordance with law as early as possible preferably within a period EIGHT weeks upon such approach by appellant.
(iii) Parties are directed to cooperate with the process of the aforesaid resolution.
(iv) Appeal stands disposed of accordingly.
(ASHUTOSH SHASTRI, J.) DHARMENDRA KUMAR Page 3 of 3 Downloaded on : Sat Sep 16 15:53:11 IST 2023