Disposed

M/s. Padmavathi Transport Company, v. The Singareni Colleries Co.Ltd.

Telangana HC8 Apr 2011WP/20261/2009

Case brief

AI extract

What is this about?

In a common order disposing numerous writ petitions challenging the deduction of amounts for the Coal Mines Provident Fund, the Court follows its earlier judgment. It directs the authority to issue prior notices, verify if activities qualify as coal mine employment, and ensure deductions occur only after proper enrollment and account assignment, retaining deducted amounts until clarified.

What did the court decide?

Directed authority to issue notices, verify coal mine activity, enroll employees, issue account numbers before deduction, and keep deducted amounts in FDRs until clarified.

M/s. Padmavathi Transport Company, Vs The… — Pension and Retirement Benefits | Telangana HC (2011)

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HONOURABLE SRI JUSTICE L. NARASIMHA REDDY

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WRIT PETITION Nos.5678, 9731,9986, 9987, 9988, 10940, 12492, 14191, 14201, 14308, 14984, 14985, 14991, 16277, 17088, 17169, 17303, 17401, 17950, 20229, 20261, 22594, 24054, 25006, 25634, 25635, 27750, 28232, 28687 OF 2009; 4482, 10887, 10898, 11595, 15911, 15974, 20000, 20263, 22073, 22970, 22975, 22976, 23055, 24749, 31213, 31219, 31220, 31221, 31222, 31224, 31225 OF 2010; 781, 865, 1389, 5329, 9217, 9218, 9270 OF 2011

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COMMON ORDER:

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In this batch of writ petitions, the deduction of amount from the bills of the petitioners towards the Coal Mines Provident Fund is challenged.

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Identical issue was dealt with by this Court in W.P.No.11107 of 2009 and batch. Through order, dated 30.03.2011, this Court disposed of the batch of writ petitions with certain conditions. Following the same, this batch of writ petitions is also disposed of, directing that:

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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;

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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;

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c) till such time, no deductions shall be made, but if it is held that the petitioners are liable, at a later point of

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

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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

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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.

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There shall be no order as to costs.

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___________________________ L. NARASIMHA REDDY, J

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April 08, 2011 MD

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HONOURABLE SRI JUSTICE L. NARASIMHA REDDY

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11595, 15911, 15974, 20000, 20263, 22073, 22970, 22975, 22976, 23055, 24749, 31213, 31219, 31220, 31221, 31222, 31224, 31225 OF 2010; 781, 865, 1389, 5329, 9217, 9218, 9270 OF 2011

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April 08, 2011

M/s. Padmavathi Transport Company, v. The Singareni Colleries Co.Ltd.

Case brief

What is this about?

What did the court decide?

M/s. Padmavathi Transport Company, v. The Singareni Colleries Co.Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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