VIKLAID COAL MERCHANT, PATIALA, ETC. ETC.versusUNION OF INDIA & ORS.
1983 INSC 16728 October 1983Dismissed
The petitioners, coal merchants, challenged a series of orders issued by the Ministry of Railways—including the addition of the abbreviation 'GX' to station codes and a Preferential Traffic Schedule under Section 27A of the Indian Railways Act—that restricted the outward booking of coal in wagon‑loads from way‑side sta…
DR. P. NALLA THAMBY THERAversusUNION OF INDIA AND OTHERS
1983 INSC 16628 October 1983Disposed off
The petitioner, a railway commuter, filed a writ petition under Article 32 seeking a mandamus directing the Union of India to implement the recommendations of the Kunzru, Wanchoo and Sikri Committee reports, appoint a fact‑finding commission and improve railway safety, invoking Articles 19 and 21. The Union, through a …
MEMBER BOARD OF REVENUE, WEST BENGALversusCONTROLLER OF STORES EASTERN RAILWAY CALCUTTA, ETC.
1989 INSC 14728 April 1989Appeal(s) allowed
The South Eastern Railway (SER) and Eastern Railway (ER) disposed of unclaimed goods and scrap material respectively, activities it performed under Section 56 of the Indian Railways Act, 1890. Both railways had been registered as dealers under the Bengal Finance (Sales Tax) Act, 1941, but later sought cancellation of t…
COMMANDING OFFICER, RAILWAY PROTECTION SPECIAL FORCE, MUMBAIversusBHAVNABEN DINSHBHAI BHABHOR & OTHERS
2023 INSC 85926 September 2023Dismissed
The appellant, the Commanding Officer of the Railway Protection Special Force, appealed against a decision allowing the widow and heirs of a constable of the RPF to claim compensation under the Employees Compensation Act, 1923 for his death in service. The central question was whether a constable of the RPF, declared a…
THE TRUSTEES OF THE PORT OF BOMBAYversusTHE PREMIER AUTOMOBILES LTD.
1980 INSC 16526 August 1980Appeal(s) allowed
Premier Automobiles imported a heavy grinding machine that was taken into the custody of the Bombay Port Trust Board upon landing. While the Board's employees were moving the case on a trolley, it fell and the machinery was severely damaged. Premier sued the Board for damages, alleging negligence, misfeasance and non‑f…
UNION OF INDIAversusWEST COAST PAPER MILLS LTD. AND ANR.
2004 INSC 13025 February 2004Dismissed
West Coast Paper Mills Ltd and Dandeli Ferro Alloys Ltd transported goods by rail and were charged a flat freight rate that denied them the benefit of the telescopic rate system, resulting in higher charges. They filed complaints under Section 28 of the Railways Act, 1890; the Railway Tribunal held the rates illegal bu…
UNION OF INDIAversusUNITED INDIA INSURANCE CO. LTD. AND ORS.
1997 INSC 70522 October 1997Dismissed
A super‑fast train collided with a hired passenger bus at an unmanned level crossing in Kerala, killing most of the bus occupants. The Supreme Court examined whether the bus driver was negligent, whether his negligence could be imputed to the passengers, and whether the railways owed a common‑law duty of care despite t…
SALES TAX OFFICER KANPUR AND ORS.versusUNION OF INDIA AND ANR
1994 INSC 52721 November 1994
Twenty-six packages of utensils were seized by a Uttar Pradesh sales tax officer because they were being transported without the required documents. The railway argued that the goods were moving from a railway godown to a city booking agency, which it claimed was part of the "Railway" under the Railways Act and therefo…
UNION OF INDIA AND ORS.versusSUNJL KUMAR GHOSH
1984 INSC 14921 August 1984
The petitioner, a passenger, fell from a bogie that was being shunted at a railway station and sustained a hand injury. The Railway Administration argued that the injury was not the result of an "accident to the train" as contemplated by Section 82A of the Indian Railways Act, 1890. The High Court had interpreted "acci…
JAGJIT COTTON TEXTILE MILLSversusCHIEF COMMERCIAL SUPERINTENDENT N.R. AND ORS.
1998 INSC 19021 April 1998Dismissed
The petitioners, consignees of coal, challenged the Railway's recovery of penal charges under Rule 161‑A of the Indian Railway Conference Association (IRCA) Rules for loading wagons beyond the permissible carrying capacity. The Supreme Court examined whether Rule 161‑A was inconsistent with or ultra vires Section 53 of…
UNION OF INDIAversusM/S INDIAN OIL CORPORATION LTD.
2024 INSC 24321 March 2024Dismissed
The Union of India (railways) charged Indian Oil Corporation (IOC) freight on the Baad‑Hisar route based on a chargeable distance of 444 km as per the old local distance table. In 2005 the railways revised the distance to 334 km, claiming the earlier figure was erroneous, and IOC sought a refund of the 110 km differenc…
BANSAL & CO, & ANR.versusUNION OF INDIA & ORS.
1985 INSC 25720 December 1985Disposed off
The Ministry of Railways issued a Preferential Traffic Schedule (PTS) under section 27A of the Indian Railways Act, 1890, assigning coal transport to priority ‘C’ subject to five conditions, including loading from collieries. The Gauhati High Court ordered that wagons be allotted under priority ‘C’ only when those cond…
UNION OF INDIA AND ANR.versusKANKUBEN (DEAD) BY LRS. AND ORS. ETC. ETC.
2006 INSC 15620 March 2006Appeal(s) allowed
The workmen (respondents) filed applications under Section 33‑C(2) of the Industrial Disputes Act, 1947 seeking recovery of overtime allowances for duties involving moving locomotives. The Labour Court allowed the applications and awarded the claimed amounts. The employer (Indian Railways) challenged the award by filin…
UNION OF'. INDIAversusPURNA MUNICIPAL COUNCIL AND ORS.
1991 INSC 24419 September 1991Appeal(s) allowed
The Union of India filed a writ petition under Article 226 challenging demand notices issued by the Purna Municipal Council for service charges of Rs.28,400 on railway property for the years 1954‑1960. The Union relied on Article 285 of the Constitution read with Section 135 of the Indian Railways Act, 1890, which perm…
RATAN LAL ADUKIA & ANR.versusUNION OF INDIA
1989 INSC 20619 July 1989Dismissed
The appellants filed two suits in Alipore and Calcutta Small Causes Courts seeking compensation for short delivery of goods booked with the Indian Railways. The Union of India contended that, under Section 80 of the Indian Railways Act, 1890 (as amended in 1961), the trial courts lacked jurisdiction, arguing that the p…
ST. JOSEPH TEXTILESversusUNION OF INDIA AND ANR.
1992 INSC 34917 December 1992Dismissed
St. Joseph Textiles booked a consignment of hand‑loom cloth for carriage by the Indian Railways and sent the parcel way‑bill and a bank demand draft to the bank for clearance. The bank returned the documents, and the appellant wrote to the destination station master requesting re‑booking of the goods, but received no r…
SRI S.K. SARMAversusMAHESH KUMAR VERMA
2002 INSC 39317 September 2002Appeal(s) allowed
Mahesh Kumar Verma, a former railway employee, was allotted official accommodation while in service but failed to vacate after his retirement in 1984. The railway administration invoked Section 138 of the Indian Railways Act, 1890 to recover possession, but the Calcutta High Court set aside the order, holding that the …
AKHIL BHARATIYA SOSHIT KARAMCHARI SANGH (RAILWAY) REPRESENTED BY ITS ASSISTANT GENERAL SECRETARY ON BEHALF OF THE ASSOCIATIONversusUNION OF INDIA AND ORS.
1980 INSC 22414 November 1980Dismissed
The Akhil Bharatiya Soshit Karamchari Sangh and other petitioners challenged a series of Railway Board circulars that provided reservation for Scheduled Castes and Scheduled Tribes in recruitment and promotion, introduced a "carry forward" rule for unfilled reserved vacancies, allowed lower qualification standards, and…
P.A. NARYANANversusUNION OF INDIA AND ORS.
1998 INSC 9513 February 1998Appeal(s) allowed
The appellant's wife was assaulted and robbed on a running local train in 1981. She pulled the alarm chain, but the guard and motorman failed to stop the train, and she later died from her injuries. The Railway Board denied compensation, holding that liability arose only in railway accidents, and the High Court upheld …
S.P. INDUversusTHE GENERAL MANAGER, METRO RAILWAY AND ANR.
2007 INSC 108712 October 2007Dismissed
The case concerned the seniority and eligibility for promotion to Assistant Law Officer in the Calcutta Metro Railway. The appellant, S.P. Indu, had been on deputation from South Eastern Railway and was placed in the Rs 2000‑3200 pay scale but had never passed the departmental examination and did not hold the post of C…
CENTRAL MINE PLANNING AND DESIGN INSTITUTE LTD.versusRAMU PASI AND ANR.
2005 INSC 6088 December 2005Disposed off
Ramu Pasi, a casual worker in the factory of Central Mine Planning and Design Institute Ltd., claimed compensation under the Workmen's Compensation Act, 1923 for an injury to his left ring finger suffered on 11 June 1986. The Labour Court awarded Rs 4001, but the employer appealed, contending that a casual worker is ex…
INDER MAL JAIN & ANR. ETCversusUNION OF INDIA & ORS. ETC.
1983 INSC 1948 December 1983Dismissed
The petitioners, who operated as railway travel agents serving middle‑ and lower‑middle‑class passengers, challenged the constitutionality of Section 114A of the Indian Railways Act, 1890 and the Railway Tourist Agent Rules, 1980, alleging that the provisions imposed unreasonable and arbitrary restrictions on their rig…
DELHI CLOTH & GENERAL MILLS LTD.versusUNION OF INDIA
1987 INSC 2738 October 1987Dismissed
Delhi Cloth & General Mills Ltd. set up a fertilizer plant at Kota and sought a concessional railway freight rate for transporting naptha from the Koyali refinery. The Railway Board, in a 1966 letter, offered a special rate of 85‑B but qualified it as subject to review when traffic began. When the company later request…
UNION OF INDIAversusSTATE OF RAJASTHAN
1984 INSC 1664 September 1984Dismissed
The State of Rajasthan, through its District Rehabilitation Officer, sued the Union of India and the Railway Administration in a district court for damages to tents damaged while in transit on Indian Railways. The Union contended that the suit was barred by Article 131 of the Constitution, which gives the Supreme Court…
BIRLA CEMENT WORKSversusG.M. WESTERN RAILWAY AND ANR.
1995 INSC 22 January 1995Dismissed
Birla Cement Works, a cement manufacturer, paid excess freight charges after a gauge conversion added 34 km to the railway distance. The company discovered the mistake when the railway admitted the error on 12 Oct 1990 and claimed a refund under Section 78-B of the Indian Railways Act. The Railway Claims Tribunal dismi…
UNION OF INDIA AND ORS.versusSTATE OF U.P. AND ORS.
2007 INSC 11161 November 2007Dismissed
The Uttar Pradesh Jal Sansthan, created under the U.P. Water Supply and Sewerage Act, 1975, supplied water and maintained sewerage for railway colonies and stations and demanded service charges from the Railways. The Union of India contended that these charges were a tax on Union property and therefore exempt under Art…
UNION OF INDIAversusE.I.D. PARRY (INDIA) LTD.
2000 INSC 441 February 2000Appeal(s) allowed
The respondent, E.I.D. Parry (India) Ltd., sued the Union of India for recovery of demurrage charged by the Railways for failing to unload ten box wagons within the free time. The trial court decreed a partial refund and the High Court upheld that decree but, on its own motion, struck down Part 1A of the Southern Railw…