Telangana High Court
M/S. Krr Lorry Transport vs The Singareni Collieries Company ... on 10 September, 2020
Author: A.Abhishek Reddy
Bench: A.Abhishek Reddy
THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION No.14865 of 2020
ORDER:
This Writ Petition is filed for the following relief:
".....to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the Respondents 1 to 4 in so far as insisting for complying with clause 6 of the Work Order No 7600008286 dated 27/05/2020 with regard to enrolling the workmen and staff as members of the Coal Mines Provident Fund and payment of Employees Coal Mines Provident Fund for the drivers engaged by the petitioner for Loading Transportation of Coal from KHA OCP to Goleti CHP on weight basis for a period of Two Years and the steps being taken by the respondents company while preparing the transportation bills for deduction of Coal Mines Provident Fund towards contractors contribution from the amounts payable to the petitioner in accordance with the above mentioned work order though the provisions of the Coal Mines Provident Fund and Miscellaneous Provisions Act 1948 are not applicable to the transport contractor more particularly when the petitioner is transporting coal only by duly declaring the clause 6 of the Work Order No 7600008286 dated 27/05/2020 as illegal arbitrary and contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act 1948 and AP Coal Mines Provident Fund Scheme and also contrary to the orders passed by this Honble Court In W P No 11107 of 2009 and batch dated 30/03/2011."
When the matter is taken up, it is submitted by the learned counsel for the petitioner that the issue raised in the present Writ Petition is squarely covered by the common order dated 30.03.2011, passed by this Court in W.P. No.11107 of 2009 and batch, and order dated 07.07.2020 in W.P. No.9667 of 2020.
Sri J. Srinivasa Rao, learned Standing Counsel appearing for respondent Nos.1 to 3 and Sri K. Arvind Kumar, learned Standing Counsel for the Coal Mines Provident Fund appearing for respondent No.4 does not dispute the aforesaid submission. The operative portion of the aforesaid common order reads as under:
"Hence, the Writ Petitions are disposed of, directing that,
(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 above, following the above said common order and for the reasons alike, this Writ Petition is also disposed of in terms thereof.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
________________________ A.ABHISHEK REDDY, J Date: 10.09.2020 Smr/sur/kvni