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TMI Blog1994 (1) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... be, shall within a month from such filing, refer the matter to the High Power Committee with prior notice to the Designated Authority in Cabinet Secretariat of Government of India authorised to receive notices in that behalf. The High Power Committee shall submit a half yearly report--- instead of quarterly report as earlier indicated---to this Court as to the number of matters referred to it and the manner in which they were dealt with and disposed of - 3 & 4 of 1992 in 2058-59/1988 - - - Dated:- 7-1-1994 - M.N. Venkatachaliah, CJ and P.B. Sawant and S. Mohan, JJ. [Order]. - The order of this Court dated 11th October, 1991 in Civil Appeal Nos. 2058-59 of 1988 in the matter of the setting-up and functioning of the High Power ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and implications of the words and recourse to litigation should be avoided . It is clear that order of this court is not to effect that --- nor can that be done---so far as Union of India and its statutory corporations are concerned, the statutory remedies are effaced. Indeed, the purpose of the constitution of the High Power Committee was not to take away those remedies. The relevant portion of the order reads: We direct that the Government of India shall set up a Committee consisting representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry of Government of India; Ministry and Public Sector Undertaking of the Government of India and Public ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ower Committee. However, as to what the court or tribunal should do if such judicial remedies are sought before such a court or tribunal, the order of 11th October 1991 clarifies : It shall be the obligation of every Court and every Tribunal where such a dispute is raised hereafter to demand a clearance from the Committee in case it has not been so pleaded and in the absence of the clearance, the proceedings would not be proceeded with. 6. Wherever appeals, petitions etc. are filed without the clearance of the High Power Committee, so as to save limitation, the appellant or the petitioner as the case may be, shall within a month from such filing, refer the matter to the High Power Committee with prior notice to the Designated Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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