Case Note & Summary
The petitioner, M/s. Ultra Tech Cement Ltd., filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order dated 21.10.2014 passed by the Railway Claims Tribunal, Bengaluru Bench, in I.A. No.11/2013 arising out of O.A. III 01/2013. By the impugned order, the Tribunal dismissed the petitioner's application for condonation of delay in filing the claim application. The High Court, upon hearing the matter, noted that Section 23 of the Railway Claims Tribunal Act, 1987 provides for an appeal against every order of the Claims Tribunal, not being an interlocutory order. The court observed that the impugned order rejecting the condonation of delay was an interlocutory order, but the petitioner had an alternative remedy of appeal under Section 23. The court held that the writ petition was not maintainable in view of the availability of an alternative remedy. Consequently, the court dismissed the writ petition, granting the petitioner liberty to file an appeal before the appropriate forum within a period of four weeks from the date of the order. The court also directed that if such an appeal is filed within the stipulated time, the appellate authority shall consider the same on merits without raising the issue of limitation.
Headnote
A) Constitutional Law - Alternative Remedy - Maintainability of Writ Petition - Articles 226 and 227 of the Constitution of India - The court held that when an alternative remedy of appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is available, a writ petition against an interlocutory order rejecting condonation of delay is not maintainable. The petitioner was directed to avail the alternative remedy. (Paras 4-5)
Issue of Consideration
Whether a writ petition under Articles 226 and 227 of the Constitution of India is maintainable against an order rejecting an application for condonation of delay, when an alternative remedy of appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is available.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to file an appeal before the appropriate forum within a period of four weeks from today. If such an appeal is filed within the stipulated time, the appellate authority shall consider the same on merits without raising the issue of limitation.
Law Points
- Alternative remedy
- Writ jurisdiction
- Interlocutory order
- Condonation of delay
- Railway Claims Tribunal Act
- 1987
