Sikri, J. - (1.) This appeal by special leave is directed against the order of the Railway Rates Tribunal hereinafter referred to as the Tribunal at Madras, dated March 25, 1965, determining reasonable rates at which siding charges can be recovered from the complainants, Motilal Padampat Sugar Mills Co. (P) Ltd., now respondent before us. The Tribunal determined that the existing charges being recovered by the North Eastern Railway were unreasonable and unjustified and that the railway was not entitled to recover any charge for the haulage of the wagons over the assisted siding.
(2.) A similar appeal was decided by this Court in Union of India vs. The Indian Sugar Mills Association, (1967) 3 SCR 219 = AIR 1968 SC 22). It was decided in that case that the complaint to the Tribunal was competent under S. 41(1)(c) of the Indian Railways Act, 1890.
(3.) Mr. Bindra, the learned counsel for the appellant, has raised in substance three points before us:(1) that on the pleadings the Tribunal was not justified in adjudicating upon the charges levied for the maintenance of the assisted siding; (2) that the Tribunal had no jurisdiction under Section 41 (1) (c) of the Act to determine the reasonableness of the charges levied far maintaining the assisted siding; and (3) that the Tribunal has erred in holding that the Railway was not entitled to haulage charges for lines 3 and 4.;