Applicability of Rule 5 on re-determined annual capacity was referred for the Tribunal's opinion

A question of law was identified on the applicability of Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 where annual capacity had been re-determined under Rule 4(2) because of a change in parameters, even though the revised capacity was below the annual production for 1996-97. On that basis, the High Court directed the Tribunal to draw up and refer the statement of the case for its opinion. The operative effect was that the legal issue was sent for reference rather than decided finally at this stage.

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Issues: Whether a reference to the High Court was warranted on the question of the applicability of Rule 5 of the Hot Re-rolling Steel Mills Annual Capacity Determination Rules, 1997 where annual capacity had been re-determined under Rule 4(2) on account of change in parameters, even though the re-determined capacity was less than the annual production for the financial year 1996-97.

Analysis: The order records that a question of law arose from the Tribunal's order on the applicability of Rule 5 in the stated factual situation. The Court directed the Tribunal to draw up and refer the statement of the case with that question for its opinion.

Conclusion: The reference was ordered and the matter was sent to the Tribunal for transmission of the statement of the case for the Court's opinion.

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