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Issues: Whether the Railway Rates Tribunal erred in limiting the relief against unreasonable freight charges to the date of its judgment instead of granting it from the date of the complaint.
Analysis: The complaint under Section 36(b) of the Railways Act, 1989 sought a declaration that the freight charged on an inflated distance was unreasonable and a direction to levy charges on the actual distance. The Tribunal had power under Section 38 of the Act to pass interim and final orders and to mould relief in accordance with the circumstances. The rules governing pleadings and relief under the Code of Civil Procedure, including Order VII Rule 7 and Order II Rule 2, were applied to explain that specific and general relief may be shaped by the court according to the substance of the claim, but declaratory and ancillary relief remains discretionary and is not granted as of right. The delay in constituting the Tribunal did not by itself justify granting relief retrospectively, and the Tribunal's choice to confine relief to the date of judgment was treated as a just and equitable exercise of discretion.
Conclusion: The Tribunal did not commit any error of law in restricting the relief to the date of judgment, and no interference was warranted.
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