High Court for State of TelanganaWP/1590/2015disposed of no costs

G.T.Rama Rao Son Of Late Koteswara Rao, v. The Singareni Collieries Company Limited (A Govt. Company

2015-01-30Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1590 OF 2015 Date:30.01.2015 Between:

G.T. Rama Rao .. Petitioner And The Singareni Collieries Company Limited, rep., by its Chairman and Managing Director, Singareni Bhavan, Khairatabad, Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.1590 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Standing Counsel appearing for respondents 1 to 3.

Since the issue involved in this Writ Petition is squarely covered by the judgment of this Court passed in W.P.No.28780 of 2011, dated 17.11.2011, and in various other matters, this Writ Petition is also disposed of with similar directions.

a) The Regional Commissioner or any Officer authorized by him shall first issue a notice to the petitioner to decide whether the activity undertaken by the petitioner comes within the definition of Coal Mine. It shall be open to the petitioner 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 fulfilment 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 petitioner is liable, at a later point

of time, he shall be under obligation to pay the arrears also;

d) The amount deducted from the petitioner, 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.

There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V. AFZULPURKAR, J 30.01.2015 KH