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2005 Supreme(SC) 518
Supreme Court Of India
ASHOK BHAN AND A.K. MATHUR, JJ.
N.B. KRISHNA KURUP- Appellant
Versus
UNION OF INDIA AND OTHERS - Respondents
Civil Appeals No. 4897 of 2002 with Nos. 4898 to 4902 of 2002, 1667 of 2004, 48 of 2005 and SLP (C) No. 5353 of 2003,
Decided on March 29, 2005
Headnote:
A. Constitution of India, Article 136 - Catering licence - - Existing licences renewed by Railway ad hoc basis-Term licences had not expired as appeals were pending in Supreme Court - Plea for not winding up their business summarily accepted with a direction to the Railways to allow the existing licences to continue till alternate arrangements were made -Railway also directed to give them sufficient time to wind up their business - It shall not preclude the Indian Railways/IRCTC from granting ad hoc extensions in the interest of general public travelling in the trains-Such extension not to create any legal right in the licensee's favour. ( paras 10 to 13 )s
B Constitution of India Article 136- Increase in Railways Catering Licence fee - The fixation of licence fee challenged on the ground that the increase had been made retrospectively which was against the terms of the agreement- The appellant was the existing licensee as on 31-7-1995 and his licence was renewed with effect from 1-8-1995 for a period of five years i.e. 31-7-2000-The licence fee was fixed at Rs. 47,000 per annum with the stipulation that the licence fee fixed was provisional and would be subject to revision during the pendency of the contract-Licence fee was fixed provisionally at the time of the renewal of the licence because assessment of the actual sales had not been made.-Plea rejected. ( paras 15 to 17 )
ORDER
1. Civil Appeals Nos. 4897 of 2002, 4898 of 2002, 4899 of 2002, 4900 of 2002, 4901 of 2002, 4902 of 2002 and 1667 of 2004 arise out of a common judgment of the Division Bench of the Kerala High Court dated 3-12-2001. Civil Appeal No. 48 of 2005 arises from the subsequent judgment of the Division Bench dated 23-2-2004 in Writ Appeal No. 2154 of 2003. Special Leave Petition No. 5353 of 2003 has been filed against the judgment dated 21-1-2003 in Writ Appeal No. 2918 of 2000 in which earlier judgment of the Division Bench dated 3-12-2001 was followed.
2. The Division Bench by the impugned judgment has repelled the C challenge to the Catering Policy of 1999 issued vide Commercial Circular No. 16 9ated 24-6-1999 and Catering Policy of 2000 issued vide Commercial Circular No. 58 dated 20-10-2000.
3. There were in all eight cases before the Division Bench. The Division Bench divided the eight cases into two categories i.e. Group A and Group B d cases.
4. The grievance highlighted in Group A cases (Writ Appeal No. 2913 of 2001, Writ Appeal No. 1229 of 2000, OP No. 21467 of 2000 and OP No. 29921 of 2001) in the High Court concerned the alleged retrospective enhancement of licence fee during the period from 1-8-1990/in some cases from 1-8-1995 till July 2000, in respect of specific units.
5. Special Leave Petition (C) No. 6431 of 2002 filed against Writ Appeal No. 2913 of 2001 was dismissed as withdrawn by this Court on 9-8-2002. Against OP No. 29921 of 2001, no appeal has been filed in this Court. Civil Appeal No. 4897 of 2002 and Civil Appeal No. 4898 of 2002 have been filed against Writ Appeal No. 1229 of 2000 and OP No. 21467 of 2000. Mr. Romy Chacko, learned counsel for the appellant in Civil Appeal No. 4898 of 2002 f prays that Civil Appeal No. 4898 of 2002 be dismissed as withdrawn. Vie order accordingly.
6. Out of these cases, three cases do not survive for adjudication, as aforementioned. The only case which survives for consideration before us today in Group A cases is Civil Appeal No. 4897 of 2002 arising from OP 9 No. 21467 of 2000 filed by N.B. Krishna Kurup.
7. In Group B cases (Writ Appeal No. 3044 of 2001, OP No. 23352 of 2001, OP No. 25426 of 2001 and OP No. 30979 of 2001), challenge before the High Court was with regard to certain offending paragraphs of Catering Policy of 1999 and Catering Policy of 2000. Against the judgment and order of the High Court in Group B cases, Civil Appeals Nos. 4899 of 2002, 4900 of 2002, 4901 of 2002, 1677 of 2004 have been filed in this Court. Mr. Romy Chacko, learned counsel for the appellant in Civil Appeal No. 1677 of 2004 prays that this appeal be also dismissed as withdrawn. The same is dismissed as such.
8. Civil Appeals Nos. 4899 of 2002 and 4900 of 2002 have been filed by the Indian Railways Caterers Association whereas Civil Appeal No. 4901 of 2002 has been filed by N.B.K. Kurup in its individual capacity. Apart from these cases, Civil Appeal No. 48 of 2005 has been filed against the subsequent judgment of a Division Bench in Writ Appeal No. 2154 of 2003 dated 23-2-2004. Special Leave Petition (C) No. 5353 of 2003 has been filed against the judgment dated 21-1-2003 in Writ Appeal No. 2918 of 2000 in which judgment of a Division Bench dated 3-12-2001 was followed.
9. We shall take up Group B cases first Le. Civil Appeals Nos. 4899 of 2002, 4900 of 2002 and 4901 of 2002 along with Civil Appeal No. 48 of 2005 and Special Leave Petition (C) No. 5353 of 2003. During the course of arguments challenge to the Catering Policy of 1999 and Catering Policy of 2000 was not seriously pressed. Because of the pendency of the appeals in this Court, the Indian Railways/IRCTC did not grant new licences but renewed the licence of the existing licensees on ad hoc basis the term of which has not expired. The only point which has been raised by the counsel for tqe appellants is that the appellants may not be summarily asked to wind up their business thereby causing considerable financial loss to t
