9911796707
TMI Blog1994 (1) TMI 88X X X X Extracts X X X X X X X X Extracts X X X X ..... course of the said order, are removed. 2. The relevant portion of the memo referred to in the course of this Court's order dated 11th October, 1991 reads : "It is in this context that the Cabinet Secretariat has issued instructions from time to time to all Departments of the Government of India as well as to Public Undertakings of the Central Government to the effect that all disputes, regardless of the type, should be resolved amicably by mutual consultation or through the good offices of empowered agencies of the Government or through arbitration and recourse to litigation should be eliminated." (emphasis supplied) 3. The purpose of setting up this High Power Committee was to ensure that as far as possible, the controversies betw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned in a specific case and one from the Ministry of finance in the Committee. Senior Officers only should be nominated so that the Committee would function with status, control and discipline." (emphasis supplied) It is abundantly clear that the machinery contemplated is only to ensure that no litigation comes to Court without the parties having had an opportunity of conciliation before an in-house Committee. It is also clarified that even the pending matters before any court or Tribunal should also be the subject matter of the deliberations of the High Power Committee. All the matters pending as on today either instituted by the Union of India or any of the Public Sector Undertakings shall within one month from today be referred by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Under Secretary (Coordination) in the Cabinet Secretariat as the nodal authority to coordinate these references. The reference shall be deemed to have been made and become effective only after a notice of the reference is lodged with the said nodal authority. The reference shall be deemed to be valid if made in the case of the Union of India by its Secretary, Ministry of Finance Department of Revenue, and in the case of Public Sector Undertakings by its Chairman, Managing Director or chief Executive, as the case may be. It is only after such reference to the High Power Committee is made in the manner indicated that the operation of the order or proceedings under challenge shall be suspended till the High Power Committee resolves the dis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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