HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38747 of 2014 Date:17.12.2014 Between:
M/s Srinivasa Transport, Godavarikhani, reptd by its Managing Partner-V.Jamuna, W/o Raji Reddy . Petitioner And:
The Singareni Collieries Company Ltd., Hyderabad, reptd by its Chairman and Managing Director and three others.
. Respondents Counsel for the Petitioner: Sri Venkateshwar Varanasi Counsel for the Respondents: Sri Nandigama Krishna Rao The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the action of the respondents, in insisting payment of Employees’ Coal Mines Provident Fund by the petitioner towards contractor’s contribution in pursuance of Work Order, dated 12.11.2014 as well as agreement, dated 05.12.2014, as illegal and arbitrary.
At the hearing, it is agreed among the learned counsel representing the respective parties that the issues raised in this Writ Petition have been adjudicated by this Court by order, dated 30.03.2011, in Writ Petition No.11107 of 2009 and batch, wherein the following directions were issued:
“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, these Writ Petitions are disposed of in terms of the above-noted order with the direction that the same shall form part of this order.
In view of the above, this Writ Petition is disposed of in terms of the above-noted order with the direction that the same shall form part of this order.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.48526 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
17th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY