HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.15427 of 2014 Date: 05-06-2014 Between:
M/s. B. Rahuntham .. Petitioner AND The Singareni Collieries Company Limited, represented by its Chairman and Managing Director, Singareni Bhavan, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.15427 of 2014 ORDER:
This writ petition is filed for a writ of mandamus declaring the action of the respondents 1 to 3 insofar as insisting for payment of Employees Coal Mines Provident Fund by the petitioner by way of contractor’s contribution pursuant to clause 6 in the work order No.7600005334, dated 27-01-2014 as well as clause 6 in the agreement bond dated 15-02-2014 and the steps taken by the respondents company for deducting the same from out of the amounts payable to the petitioner towards transportation charges as illegal, arbitrary and contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948.
2. When the writ petition is taken up for hearing, it is submitted by the learned counsel for the petitioner as well as learned Standing Counsel appearing for respondents 1 to 3 that the subject matter of the writ petition is squarely covered by a common judgment rendered by a learned single Judge of this Court in W.P.No.11107 of 2009 and batch, dated 30.03.2011.
3. In view of the submissions made by the learned counsel for the parties and following the ratio laid down in the above referred judgement, the writ petition is accordingly disposed of, with the following directions.
a) The Regional Commissioner or any Officer authorized by him shall first issue a notice to the petitioner to decide whether the activity undertaken by the petitioner comes within the definition of Coal Mine. It shall be open to the petitioner to submit explanation;
b) In the event of the activity being declared as the one in coal mine, the employees shall be enrolled as members, subject to their fulfilment of the prescribed conditions, the respondents shall assign account numbers and issue cards; and the deductions shall be made with reference to the account numbers and cards so issued, periodically;
c) Till such time, no deductions shall be made, but if it is held that the petitioner is liable, at a later point of time, it shall be under obligation to pay the arrears also;
d) The amount deducted from the petitioner, so far, shall be kept in FDRs and the manner in which it shall be utilized shall be decided, depending upon the outcome of the exercise undertaken above; and
e) The authority of the coal mines provident fund shall ensure that it does not deduct any amount, without reference to a particular employee, who is admitted to the provident fund.
There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.
A. RAJASHEKER REDDY, J Date: 03-06-2014 Ksn