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The SC set aside the Arbitrator's award concerning the unilateral revision of tariff by the Port Authority under the Major Port Trusts Act, 1963, emphasizing that the entire agreement must be construed as a whole. The Court held that the Tariff Authority for Major Ports (TAMP), an independent expert body, retains jurisdiction to adjudicate the tariff dispute pending since 1993, as no Adjudicatory Board under the 2021 Act has been constituted. The matter was remitted to TAMP to determine the appropriate tariff revision for the period from October 1993 to March 1999, as well as for prior periods, ensuring both parties receive adequate opportunity to be heard. The Court clarified that the tariff revision should be based on the base point rather than the original basis of tariff fixation. The respondent's status change to a private entity post-2002 did not affect TAMP's jurisdiction.
The SC set aside the Arbitrator's award concerning the unilateral revision of tariff by the Port Authority under the Major Port Trusts Act, 1963, emphasizing that the entire agreement must be construed as a whole. The Court held that the Tariff Authority for Major Ports (TAMP), an independent expert body, retains jurisdiction to adjudicate the tariff dispute pending since 1993, as no Adjudicatory Board under the 2021 Act has been constituted. The matter was remitted to TAMP to determine the appropriate tariff revision for the period from October 1993 to March 1999, as well as for prior periods, ensuring both parties receive adequate opportunity to be heard. The Court clarified that the tariff revision should be based on the base point rather than the original basis of tariff fixation. The respondent's status change to a private entity post-2002 did not affect TAMP's jurisdiction.
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