1965 (12) TMI 145 - SC - Indian Laws

Appellate Tribunal's Order Influenced by Government Order; Remand for Reconsideration

The Court found that the Appellate Tribunal's order was influenced by a Government Order, leading to the dismissal of the appellant's contention. The ... - Issues:1. Validity of the order of the Appellate Tribunal influenced by a Government Order.2. Applicability of Government Order after a decision by the Supreme Court.3. Remand of the matter to the Appellate Tribunal for re-hearing all appeals.4. Consideration of cases of parties before the High Court only.Analysis:The judgment revolves around multiple appeals raising common questions. The first issue addressed is the influence of a Government Order on the order of the Appellate Tribunal. The Court found that the Tribunal had indeed been influenced by the Government Order, evident from its consideration of aspects mentioned in the Order and references to marks obtained by operators. This influence was deemed significant, leading to the dismissal of the appellant's contention on this point.Moving on, the Court tackled the question of whether the respondent could challenge the Government Order's validity after previously relying on it. The Court held that the respondent was not precluded from questioning the Order's validity post a Supreme Court decision declaring its invalidity, emphasizing the changing legal landscape.The third issue pertained to the remand of the matter to the Appellate Tribunal for re-hearing all appeals. While the Court acknowledged the general practice of remanding to the original authority, it highlighted the potential public inconvenience if the Transport Authority's order was also set aside. Consequently, the Court endorsed the Appeal Court's decision to remand to the Appellate Tribunal for fresh consideration, unencumbered by the impugned Government Order.Lastly, the Court addressed the scope of consideration by the Appellate Tribunal on remand. It deliberated on whether all appeals disposed of by a single order should be reheard, ultimately concluding that the remand should be limited to parties who approached the High Court. The Court modified the Appeal Court's order, directing the Appellate Tribunal to reconsider the appeal of the present appellant against the respondent's claim.In subsequent appeals, similar principles were applied, emphasizing the limitation of the reconsideration before the Appellate Tribunal to parties involved in the High Court writ proceedings. The Court partially allowed all appeals, varying the Appeal Court's order accordingly and refrained from issuing any costs in the matter.