1988 PLP 1023 (MLD)

This judgment shall also dispose of Writ Petitions Nos.757/83, 201/83, 463/83, 461/83, 636/83, 299/83 and 694/83, as common questions of law and facts are involved therein.

2. In these writ petitions the petitioners have called in question the legality of action of respondents Nos.2 and 3 calling upon them to pay natural gas charges consumed in the petitioners' factory on the basis of commercial Tariff instead of industrial Tariff'. The case of the petitioners is that according to the notification issued by respondent No.1 on the subject the petitioners are industrial consumers, therefore, natural gas charges are. to be paid accordingly and the petitioners case did not fall within the definition of commercial consumer as defined in the relevant notification. The action of respondents Nos.2 and 3 demanding natural gas charges according to Commercial Tariff has caused grievance to the petitioners because the rates of sui gas charges on the basis of commercial tariff are higher than the industrial tariff. In this view of the matter the dispute mainly relates to rates and charges of the licensee i.e. respondent No.3. During the hearing of the argument on these writ petitions it has been brought to my notice that according to Rule 19 of the Natural Gas Rules, 1960, in case of such a dispute the matter is to be referred to the Authority and the decision thereon according to this rule is to be final and binding on the disputing parties. According to Rule 2(b) of the said Rules an Authority means the Bureau of Mineral Resources, Government of Pakistan which is a department of respondent No.1. Learned counsel for all the parties arrived at a settlement that let this dispute be referred to respondent No.4 to give its decision, as required under the said rule 19 and till such a decision is made the interim orders of stay passed in each of the writ petitions may continue subject to the decision of the Authority and the learned counsel for the parties have expressed their agreement for disposal of these writ petitions in these terms. I am also of the view that since a provision in the nature of rule 19 exists for resolving the dispute the Authority should be asked to decide the matter.

3. In view of the agreement between the learned counsel for all the parties the said disputes raised to the writ petitions is hereby referred to respondent No.4, who shall record its decision on the correctness or otherwise of the demand made by respondent No.3 after recording his decision over rates and charges. Respondent No.4 shall try to deliver its decision within six months from receipt of copy of this judgment. The interim orders of stay shall continue to be operative subject to the decision of the Authority. It will be open to any of the parties aggrieved by such a decision to seek his legal remedy if any, in accordance with law. All these writ petitions stand disposed of in the above terms. The parties are left to bear their own costs. A.A./Z‑59/L Order accordingly.