Shaik Rasheed Pasha v. The Singareni Collieries Company Limited

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.40443 of 2015 ORDER:

Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioner and Sri J.Srinivas, standing counsel for respondents 1 and 2. This Writ Petition is filed for the following substantive relief: "to issue an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus declaring the deducting the amount in the bills towards Contractor's contribution to Employees Coal Mines Provident Fund from out of the amounts payable to the petitioner towards transportation charges under purchase Firm Order No.7500024654, dated 31.03.2014 contrary to the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 as illegal, arbitrary and pass such other or further orders as deem fit and proper in the circumstances of the case." At the hearing, it is agreed among the learned counsel for the parties 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. There shall be no order as to costs.

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

____________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 14.12.2015 kvrm THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO

W.P.No.40443 of 2015 DATED: 14.12.2015 kvrm