- (1.) The following questions have been referred to this Full Bench by a judgment and order of a Division Bench of March 20, 2008. "1) Whether the Railway Authority, after booking of a consignment, can, on the basis of its own reweighment in course of transit without notice to the owner, levy further charge on the ground of excess loading by rejecting an application for reweighment filed by the owner at the destination on the plea that there is no facility of such reweighment at the destination without making arrangement for reweighment at the nearest station from the destination where such facility is available? 2) Whether a demand of reweighment mentioned in the above situation comes within the purview of section 79 of the Act so as to reject such prayer on a ground for which the owner cannot be held responsible and at the same time, compelling the owner to pay the excess charge on the basis of reweighment in the absence of and without the notice of the owner?"
(2.) The reference has come to this Bench pursuant to an order of another Full Bench of three Judges to which the Hon'ble Chief Justice was a party.
(3.) The matter before the Division Bench was an appeal from an award passed by the Railway Claims Tribunal which required the respondent in the appeal to be paid a sum of Rs.24,473/- primarily by way of refund.;