M/S.Dott Services Pvt. Ltd, 4-2/23, v. The Singereni Collieries Company Limited

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.7802 of 2015 ORDER:

It is submitted by the learned counsel for the petitioner as well as the learned Standing Counsel for Singareni Collieries Company Limited that the subject matter is covered by an order of this Court in W.P.No.11107 of 2009 and batch dated 13.03.2011.

In view of the submission of the learned counsel for the parties, and following the ratio laid down in the above referred common order, the writ petition is disposed of with the following 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 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 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. Miscellaneous applications, if any, shall stand closed. No order as to costs.

_______________________________ A. RAMALINGESWARA RAO,J Date:14.07.2015 usd