Page No.# 1/4 vs M/S Shree Mahalaxmi Mills
2025 Latest Caselaw 356 Gua

Gauhati High Court

Page No.# 1/4 vs M/S Shree Mahalaxmi Mills on 8 May, 2025

                                                                       Page No.# 1/4

GAHC010008322013




                                                                 2025:GAU-AS:5772

                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                   Case No. : MFA/90/2013

            UNION OF INDIA,
            REPRESENTED BY THE GENERAL MANAGER, N.F. RAILWAY, MALIGAON,
            GUWAHATI-11



            VERSUS

            M/S SHREE MAHALAXMI MILLS,
            M.G. ROAD, FANCY BAZAR, GUWAHATI 781001, ASSAM.



Advocate for the Petitioner   : MR.D K DEY,

Advocate for the Respondent : MR.K P MAHESWARI , MR. DIVYANSH RATHI,MR.A
GOYAL,MR.B MAHESHWARI




                                   BEFORE
                       HONOURABLE MR. JUSTICE BUDI HABUNG

                                          ORDER

Date : 08-05-2025

Heard Mr. D.K. Dey, learned counsel for the appellant. Also heard Mr. D. Rathi, learned counsel for the respondents.

2. By filing this appeal under section 23 of the Railways Claims Tribunal Act,1987, the appellant challenged the impugned judgment and order dated Page No.# 2/4

28.12.2012, passed by the Railway Claims Tribunal, Guwahati Bench, Guwahati in Claim application No.OA.I/GHY/2004/0135 (Old No.O.A.135/04), whereby the Respondent N.F. Railway/appellant herein has been directed to pay Rs.7310/- (Rupees seven thousand three hundred ten) only as compensation amount to the applicant with interest specified thereon with a prayer for setting aside the impugned judgment and order.

4. However, at this stage, the learned counsel for the respondent Mr. D. Rathi submits that as per clause (2) of section 4, of the Railway Tribunal Act, abench of tribunal shall consistof one Judicial member and one technical member. However, in the present case, the impugned judgment and order dated 28.12.2012,was passed only by TechnicalMember without the Judicial Member, which admittedly is not in accordance with the above provision of law.

5. The learned counsel for the respondent fairly submitted thatearlier by an order dated 09.07.2015,the Divion Bench of Gujarat High Court in Union of India Through general Manager &Ors vs Satendra RamjorOza &7 Ors, in Special Civil Application No.2602 of 2013,basing on the decision of the Apex Court in the case of Amulya Chandra Kalita,wherein it was observed that every bench of the Tribunal must consist of a judicial member and an Administrative Member, has held that the Administrative member alone could not have heard and decide the matter. He further submits that based on the above observation, the learned single Judge of the Gujarat High Court by an order dated 27.08.2018,passed in R/First Appeal No.1528/2018 (Minor Sumit Suresh Sharma Vs. Union of India) observed that, the claim application could not have been decided by a single member (Technical). This order dated 27.08.2018 was challenged before the Page No.# 3/4

Supreme Court in Civil Appeal Nos.213-214 of 2015(Arising out of S.L.P. (Civil) Nos.15050-15051 of 2009) [Union of India Vs.Minor Sumit Suresh Sharma], and by an order dated 7.01.2025, the Hon'ble Apex Court has dismissed the SLP, thereby upheld the order dated 27.08.2018.in the light of the above decision, the learned counsel for the respondent submit that the matter may be sent back to the learned Tribunal for fresh trial on the matter consist of two members one judicial and one technical.

6. Mr. D.K. Dey, learned counsel for the appellant conceded with the submission of the learned counsel for the respondent, and in view of the above decision of the Hon'ble Supreme Court, he has no objection if the matter is remanded back to the Tribunal for fresh adjudication.

7. In light of the above, and as held by the Apex Court in the above case of Union of India vs Minor Sumit Suresh Sharma (Supra), the impugned judgment and order dated 28.12.2012passed by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati in Claim application No.OA.I/GHY/2004/0135 (Old No.O.A.135/04) is hereby set aside and quashed. The matter is remanded back to the Railway tribunal Guwahati for fresh adjudication of the claim petition on merit.

8. It is made clear that the claim application shall be heard by bench consisting one of Judicial member and one technical member. It is further clarified that this Court has not expressed any opinion on the merit of the case.The claim application shall be decided afresh by learned tribunal without being influenced in any manner by any of the observation made in the impugned judgment and order.

9. furthermore, the claim application shall be re-heard and decided Page No.# 4/4

preferably within a period of 6(six) months from the date of receipt of this order.

10. With the above, the appeal stands disposed of.

JUDGE

Comparing Assistant