M/S. HILLS TRADE Vs. UNION OF INDIA AND ANR
HIGH COURT OF GAUHATI
M/S. Hills Trade
Union Of India And Anr
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. M. Sharma, learned counsel for the appellant as well as Mr. B. Sarmah, learned Standing Counsel for the respondent-Railways.
(2.) This appeal is under section 23 of the Railway Claims Tribunal Act, 1987. The appeal is directed against the judgment and order dated 28.11.2008 passed by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati in application No. OA No. 479/2005. A very short but disturbing point has been raised in the present appeal. Owing to the nature of the issues raised, in the considered opinion of this Court, no purpose would be served by referring to the facts of this case or to the decision rendered on various issues by the learned Tribunal. Hence, notwithstanding the requirement under the provision of Order 41, Rule 31 CPC, which regulates the procedure for deciding an appeal, this Court does not propose to refer to the facts in dispute or to refer to the issues as decided by the learned Tribunal.
(3.) The records reveal that the claim petition i.e. application No. OA 479/05 was earlier decided by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati by order 08.01.2007. Aggrieved by the said order, the respondent-Railway had approached this Court by filing an appeal. The said appeal was registered as MFA 51/2007. The said appeal was analogously heard along with various other appeals. From the contents of the impugned order dated 28.11.2008, the learned Railway Claims Tribunal has recorded the direction contained in the order passed by this Court in MFA 51/2007 which is quoted below:-
"Upon perusal of the judgment and order passed by the Ld. Tribunal, it appears that though those questions were raised by the parties before the Ld. Tribunal and are therefore required to be gone into by the Ld. Tribunal before passing any order either awarding the compensation or rejecting the same, no decision on those issues were given by the Ld. Tribunal. The Ld. Tribunal simply by recording the submissions of the parties passed the award without recording any finding on the issues, which arose for decision.
In view of the aforesaid position, I set aside the judgment and orders passed by the Ld. Tribunal and remit the matters to the Ld. Tribunal for giving decisions on the question raised in the original applications filed by the parties, as for recording such findings, the facts of each case has to be dealt with which has been done. The parties are at liberty to raise all questions as has been raised before this Court. The Ld. Tribunal shall answer all the questions raised and decide the original application on its own merit and in accordance with law.";
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