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Sri Venkata Kanaka Durga Lorry Transport, v. The Singereni Collieries Company Limited.

Telangana HC23 Nov 2011WP/31041/2011

Case brief

AI extract

What is this about?

Petitioner challenged wage deductions by a combined order disposing of a writ petition. The Court held the matter was covered by a prior judgment and disposed of the petition by directing notice to identify if the petitioner is a coal mine, followed by specific procedures for enrollment and deduction.

What did the court decide?

Directing issuance of notice to determine if petitioner is a coal mine; enrollment of employees and periodic deductions thereafter; non-deduction of amounts until then; preservation of deducted amount

Sri Venkata Kanaka Durga Lorry Transport… — Pension and Retirement Benefits | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WP NO. 31041 OF 2011

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Date of Judgment: 23.11.2011

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Between:

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Sri Venkata Kanaka Durga Lorry Transport

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…Petitioner

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and

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The Singareni Collieries Company Limited and others

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..Respondents

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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WP NO. 31041 OF 2011

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ORDER:

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Heard the learned counsel appearing for the petitioner as well as the respondents and it is not disputed by them that the question involved in this writ petition is fully covered by a judgment of this Court in WP.No.11107 of 2009 and batch dated 30.03.2011.

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In view of the above, the writ petition is disposed of following the same and there shall be a like order in this matter also as under:

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The writ petition is 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 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;

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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 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;

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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, it shall be under obligation to pay the arrears also;

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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

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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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_________________________

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VILAS V. AFZULPURKAR, J

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Dt. 23.11.2011 KR

Sri Venkata Kanaka Durga Lorry Transport, v. The Singereni Collieries Company Limited.

Case brief

What is this about?

What did the court decide?

Sri Venkata Kanaka Durga Lorry Transport, v. The Singereni Collieries Company Limited.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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