M/S. Mallikarjuna Transport, v. The Singareni Collieries Company Limited,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 22049 of 2016 ORDER:

It is submitted by both the learned counsel that the issue raised in this writ petition is covered by common judgment dated 30.03.2011 in W.P.No.11107 of 2009 and batch, whereby this Court has disposed of those 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 same, this writ petition is also disposed of, in terms of the aforesaid common judgment with the direction that the directions reproduced above shall form part of this order. No order as to costs. Miscellaneous Petitions, if any pending in this writ petition shall also stand closed. ___________________________ CHALLA KODANDA RAM, J Date: 11.07.2016 siva