- (1.) This appeal arises out of a judgment delivered by Chittatosh Mookerjee, J. on the 15th of March, 1973 on an application under Article 226 of the Constitution. The appellant was asking for issue of appropriate Writs to rescind or recall or withdraw certain orders passed by or on behalf of the respondents which had been annexed to the petition. Broadly speaking, by these orders the appellant was asked to pay for the Railway staff including their salaries and allowances posted at the appellant's Assisted Siding within the appellant's factory. Chittatosh Mookerjee, J, has dismissed the application.
(2.) By an indenture of sale dated the 26th February, 1935 the appellant purchased 440 bighas of land at Nanji in the district of 24-Parganas including a Railway siding from the Commissioners for the Port of Calcutta. Thereafter on the 17th of April, 1943 an agreement was entered into between the Governor General in Council of the one part and Messrs. Bata Shoe Company Limited (the appellant) of the other part for continuation of the connection in the form of a Siding. The relevant clauses of this agreement are as follows: Clause 8 - Freight for all classes of goods shall be charged upto and from Nanji Station. Railway receipts and invoices shall be issued to and from the said siding only and in accordance with the rates from time to time published in the Goods Tariff books or other Public Notification or Notifications of the Railway Administration . . . . Clause 10 (a) - Wagons shall be made over to the firm and returned by the firm in the form of a certificate shown in Annexure A. Clause 10 (c) - As soon as the wagons are placed at the point X referred to or at any other mutually agreed upon the Station Master or Railway servant authorized in his behalf shall after filing up Parts I and II of Annexure A have Part I signed by the consignee and will himself sign Part II and make it over to the consignee with Part III, when the wagons shall be considered as made over to the consignee and therefrom the free time allowed shall commence. Similarly, the wagons shall be considered as returned to the Railway Administration when they are placed at the point X referred to or the other appointed place and notice of such placing has been given to the Station Master or Railway servant authorized in his behalf by the consignee on Part III of Annexure 'A', which will be filled up by the latter and signed by both consignor and Station Master in each other's presence.
(3.) These are the terms which indicate the places and points at which the Railway will take upon itself the responsibility for the carriage of the goods.;