C. Sambasiva Rao S/O Rama Krishna Rao, Aged 60 Years, v. The Singareni Collieries Company Limited,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.24033 of 2015 Between:

C.Sambasiva Rao.

....Petitioner and The Singareni Collieries Company Limited, Rep.by its Chairman and Managing Director, Singareni Bhavan, Khairatabad, Hyderabad, and others.

....Respondents DATE OF JUDGMENT PRONOUNCED: 03.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No Marked to Law Reporters/Journals?

3. Whether His Lordship wishes to Yes/No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.24033 of 2015 ORDER:

This writ petition is filed contending that the petitioner being a transport contractor, the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948, are not applicable.

Heard learned counsel for the petitioner, Sri J.Sreenivasa Rao - learned Standing Counsel for respondent Nos.1 to 3, and learned Standing Counsel for respondent No.4, who have submitted that the issue involved in this case is squarely covered by the judgment of this Court dated 12.02.2015 in W.P.No.2711 of 2015.

Hence, following the aforesaid judgment, this 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 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.

Miscellaneous applications, if any, shall stand closed. No order as to costs.

Registry to attach a copy of judgment dated 12.02.2105 in W.P.No.2711 of 2015.

________________________________ (A.RAMALINGESWARA RAO, J) 03.08.2015 vs