ORDER
G.P. Agarwal, Member (J)
1. This larger bench has been constituted to decide as to whether the appeals filed by the Public Sector Undertakings or the appeals filed against the Public Sector undertakings prior to 11-10-1991 could be proceeded with without the clearance from the Committee of Secretaries.
2. When the case was taken up for hearing, it was noticed that the apex Court vide its order dated 7th January, 1994 passed on LA. Nos. 3 and 4 of 1992 in Civil Appeal Nos 2058-59/1988 – ONGC v. Collector of Central Excise, [1994 (70) E.L.T. 45 (SC)] has observed as under :-
“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 the appellant or the petitioner, as the case may be, to the High Power Committee. The High Power Committee will deal with these matters most expeditiously and endeavour to resolve the matters.
Accordingly, there should be no bar to the lodgement of an appeal or petition either by the Union of India or the Public Sector Undertakings before any Court or Tribunal so as to save limitation. But, before such filing every endeavour should be made to have the clearance of the High Power Committee.”
In view of the above, both sides submitted that the question be answered accordingly.
3. Considered. Following the said order of the Apex Court dated 7th January, 1994, we hold that even the pending matters before this Tribunal that is to say appeals filed by or against the Public Sector Undertakings before 11-10-1991 could not be proceeded with until and unless the party concerned obtains and places on record the clearance from the Committee of Secretaries as constituted in terms of the Apex Court order dated 11-10-1991 as clarified by its order dated 7th January, 1994.