THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.35788 of 2014 Dated:25.11.2014 Between:
G.Rajam, S/o Iylaiah ….Petitioner And:
The Singareni Collieries Company Ltd., reptd by its Chairman and Managing Director, Hyderabad and three others.
… Respondents Counsel for the petitioner: Sri I.Ramesh Counsel for the Respondents: Sri Nandigama Krishna Rao (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed for the following substantive relief:
“…to issue a Writ, Order or direction more so in the nature of Writ of Mandamus declaring the action of respondent Nos.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-11 of Work Order No.750002445, dated 14-03-2014, as well as Clause-11 in the agreement bond dated 01-04-2014 and the steps taken by the respondent company for deducting the same from out of the amounts payable to the petitioner towards transportation charges in accordance with the above said work order as well as agreement bond is illegal, though the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, are not applicable to the Transport Contractor who simply undertakes to transport the Coal from one place to another place as per the work order and agreement bond as illegal, arbitrary and contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 and the rules made thereunder.”
At the hearing, it is agreed among the learned counsel for both the parties that the issue raised in this writ petition is covered by common order, dated 30.03.2011, in W.P.No.11107 of 2009 and batch, whereby this Court has disposed of the said batch of writ petitions with the following directions:
“a) The Regional Commissioner or any Officer authorized by him shall first issue a notice to the petitioners to decide whether the activity undertaken by the petitioners comes within the definition of Coal Mine. It shall be open to the petitioners 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 fulfillment 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 petitioners are liable, at a later point of time, they shall be under obligation to pay the arrears also;
d) the amount deducted from the petitioners, 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.”
In view of the above, this Writ Petition is disposed of in terms of the aforesaid common order with the direction that the directions reproduced above shall form part of this order.
As a sequel, WPMP.No.44797 of 2014 is disposed of as infructuous.
JUSTICE C.V. NAGARJUNA REDDY
25th November, 2014 DR