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High Court for State of TelanganaWP/11330/2017disposed of no costs

Dumpati Bharath, v. The Singareni Collieries Company Ltd.,

2017-03-30A V Sesha Sai3 pages

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.11330 OF 2017 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief: "to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 and 3 deducting the amount in the bills payable to the petitioner with regard to the Employees Coal Mines Provident Funds to Courier Service by way of Contractor's contribution pursuant to Clause No.8 in purchase order No.7500034160 dated 1-1-2017 and in PGST : WGL/09/2/11 dated 21-4-1966 in the steps taken by the respondent company for deducting the same from out the amounts payable to the petitioner towards Courier Charges in accordance with the above said work order through the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 even though not applicable to the Courier Services Contractor / petitioner who simply undertaken to serve the courier in Manuguru area as per the purchase order as illegal, arbitrary, contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948."

2.

Heard Sri Gopinath Lakkineni, learned counsel for the petitioner, and Sri J.Srinivasa Rao, learned Standing Counsel appearing for respondent Nos.1 to 3.

3.

At the time of hearing, it is submitted by both the learned counsel 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.

4.

In view of the reasons recorded in the aforesaid common order, this writ petition is also disposed of, in terms of the aforesaid order.

5.

Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. There shall be no order as to costs.

_________________________ JUSTICE A.V.SESHA SAI 30.03.2017 Note:- While dispatching this order, office to enclose the order in W.P.No.11107 of 2009 and batch, dated 30.03.2011.

AMD

THE HONOURABLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.11330 OF 2017 Date: 30.03.2017 AMD