BACKGROUND Formed under the directions of Honble High Court of Delhi in FAO No.62/2006. On account of dispute between Indian Oil Corporation & Indian Railways. Direction: Ministry of Railways to convene meeting with Secretaries of Ministries controlling Public Sector Undertakings (PSUs). To set up a Permanent In-house Dispute Resolution Machinery to sort out pending compensation disputes. To lay down guiding principles to ensure expeditious disposal of cases.
Joint Internal Dispute Resolution Panel Approved by Committee of Secretaries on 21.10.09 as a conciliation mechanism between Ministry of Railways and Ministry of Coal, Steel, Food & Petroleum and operational from 01.11.2009.
THE SCHEME To set up a conciliation mechanism to settle disputes between parties amicably – without taking over the functions of a court. Disputes between Ministry of Railways and other Ministries controlling Coal, Steel, POL & Food grains shall henceforth be first attempted to be resolved under JIDRP Scheme. Decision on consensus to be binding on both parties. In case of irreconcilable difference of opinion among its members, the disputing parties can move the court. Appeal : Both JIDRP & COD being non-judicial bodies striving to conciliate through consensus, there will be no provision for appeal to COD. No Objection Certificate (NOC) from JIDRP is mandatory for filing appeal in Court for disputing PSU/Ministry.
AMBIT OF JIDRP SCHEME The scheme will apply to Ministries of Railways, Coal, Steel, Food and Petroleum and their Public Sector Undertakings (PSUs). All disputes of compensation claims; wharf age/demurrage charges; refund of freight, punitive charges shall be referred to JIDRP.
PANEL LEVELS Two levels of disputes resolution panel will be formed – Apex Level (Secretary Level) for Cases exceeding Rs.10 lakhs Comprising of Secretaries – (i) Ministry of Railways (Member Traffic) (ii) Ministry of Law (iii) Ministry of concerned PSU having dispute over compensation claim -- and -- (iv) Financial Commissioner of Ministry of Railways Lower level (Joint Secretary level) for Cases involving amounts not exceeding Rs.10 lakhs. (i) Ministry of Railways - Advisor (PG) (ii) Ministry of Law – Legal Advisor (iii) Ministry of concerned PSU having dispute over compensation claim -- and -- (iv) Executive Director Finance Commercial of Ministry of Railways
JIDRP SECRETARIAT Director/Deputy Secretary level officer from Traffic and Accounts Directorates of Ministry of Railways -- and -- A Director/Deputy Secretary level officer from each of the Ministries -- and -- Assisted by requisite staff drawn from Zonal Railways and or Railway Board
OPERATIONAL DETAILS -Disputing Ministries/PSUs to first approach JIDRP for conciliation before taking any other legal recourse. -Enlist the grounds and issues on which difference of opinion or law as per proforma. -File a notice to the Secretariat of JIDRP. -Officers of the suitable rank will present the case to Panel. -Brief of the case will be prepared by the staff of JIDRP secretariat for consideration and decision by the relevant Panel.
- 2 - - The Zonal Railway/Disputing PSU will be provided with access code by CRIS to enable them to post their case details/arguments on the site. -Court cases pending before RCTs and High Courts may be referred to JIDRP after filing joint application in RCT/High Court to keep case sine-die till decision of JIDRP. -Decision of JIDRP will not require legal scrutiny. -Order given by JIDRP to be implemented with in 45 days from the date of order. -Compliance to be reported to JIDRP for record or final closure of the case. -Meeting of JIDRP to be held once in a month at lower level and once in two months at Apex Level. -Approximately twenty cases of one commodity to be taken up by JIDRP in each sitting. -Commodity wise order of preference :- I. POL (Petroleum Product) II. Steel III. Food grains IV. Coal
PROFORMA FOR REFERENCE TO JIDRP 1.Clip No. 2. Case No. 3. Amount claimed 4. Name of Company (PSU) 5. Commodity booked 6. RR Remarks 7. Station & Booking Particulars : From To: 8. Delivery particulars (a) MGR : (b) DDPC : (c) Assessment report: (d) Delivery book remarks: 9. Nature of loss: 10. Railway Liability as per rule: 11. Reasons for non settlement/ repudiation at Claim/Refund stage: 12. Rlys ground of contest in RCT: 13. RCT Judgement: 14. Who appealed in High Court: Date: 15. Grounds of appeal in High Court: 16. Issues: 17. Rule Position: 18. Group: 19. Previous decision of Committee:
PROFORMA FOR MAKING APPEAL 1. Parties to the dispute: 2. (a) Name of the Court/Tribunal where the : appeal is to be filed/is pending (b) subject matter of the dispute : (not exceeding 25 words) (c) Amount involved : (d) Tax incidence (must be indicated for : disputes on taxation matters) 3. (a) (i) number and date of the order – appealed/to be appealed – against : (ii) name of the quasi judicial authority which passed the order : (iii) the order appealed against in brief (a copy of the order is also to be enclosed) : (b) any other document referred to, in support of the claim, need not be annexed; however, it may be produced in the meeting of the Committee : (c) in the event of the reference being of deferred cases, it should reflect the reason for deferment, the action taken in pursuance to the direction of the Committee and justification for re-submission of the matter for the consideration of the Committee : 4. Date on which, the reference is made to the JIDRP and the relevant documents sent to the respondents.e. other party to the dispute : 5. Background of the dispute (not exceeding one page) (it shall include the questions/matter of fact or of law involved in the dispute with brief description on the issues involved). : 6. Whether the reference has the approval of Secretary/CEO (all references to COD must bear approval of CEOs in case of PSUs 7. Any other issue considered relevant to the case. :
INDIAN OIL CORPORATION (IOC) Profile Total No. of cases pending : 481 Cases valued at more than 10 lakhs: 46 Cases valued more than Rs.1 lakh : 303 Cases valued less than Rs.1 lakh : 178 Cases pending before High Court : 16
HINDUSTAN PETROLEUM CORPORATION (HPCL) PROFILE Total No. of cases pending: 207 Cases valued more than Rs.10 lakhs : 3 Cases valued more than Rs.1 lakh : 97 Cases valued less than Rs. 1 lakh : 110 Cases pending before High Court: 21
BHARAT PETROLEUM (BPCL) PROFILE Total No. of cases pending: 175 Cases valued more than Rs.10 lakhs : 7 Cases valued more than Rs.1 lakh : 74 Cases valued less than Rs. 1 lakh : 101 Cases pending before High Court: 2
INDO BURMA PETROLEUM (IBP) PROFILE Total No. of cases : 65 Cases valued more than Rs.10 lakhs : 6 Cases valued more than Rs.1 lakh : 21 Cases valued less than Rs. 1 lakh : 44 Cases pending before High Court: 2