M/S.Sri Thirumala Transports v. The Singareni Collieries Company Limited And 3 Others
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 439 of 2020 ORDER:
This Writ Petition is filed for the following relief: "....to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 to 3 in so far as insisting for complying with clause 6 of the Firm Order (Service) No. 7500042384 dated 10.10.
2019 with regard to enrolling the workmen and staff as members of the Coal Mines Provident Fund and Payment of Employees Coal Mines Provident Fund for the drivers and cleaners engaged by the petitioner for Transportation of Coal from GDK 2 and GDK 2A inclines to OCP-3 Rail/MGR on weight basis for a period of two years and the steps being taken by the respondents company while preparing the transportation bills for deduction of Coal Mines Provident Fund towards contractor's contribution from the amounts payable to the petitioner in accordance with the above mentioned work order though the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 are not applicable to the transport contractor more particularly when the petitioner is transporting coal only by duly declaring the clause 6 of the Firm Order (Service) No.
7500042384 dated 10.10. 2019 as illegal, arbitrary and contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 and AP Coal Mines Provident Fund Scheme and also contrary to the orders passed by this Hon'ble Court in W P No 11107 of 2009 and batch dated 30/03/2011......" When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the common order dated 30.03.2011 passed by this Court in W.P.Nos.11107 of 2009 and batch.
W.P.No.439 of 2020 CKR,J Learned Standing Counsel for Singareni Collieries Company Limited appearing for respondent Nos.1 to 3 does not dispute the aforesaid submission.
Operative portion of the aforesaid order reads as under: "Hence, the writ petitions are disposed of, directing that, 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
W.P.No.439 of 2020 CKR,J particular employee, who is admitted to the provident fund."
In those circumstances, following the above said common order and for the reasons recorded therein, this Writ Petition is also disposed of in terms thereof.
Miscellaneous Petitions, if any pending, shall stand disposed of. There shall be no order as to costs.
_________________________ CHALLA KODANDA RAM, J Dt:08.01.2020.
kdl