The court disposed of a writ petition challenging Provident Fund deductions by relying on a common order of the same court. No fresh adjudication was required as the earlier directions governed the matter.
Writ petition disposed of as per common order dated 30.03.2011; miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
WRIT PETITION No.39056 of 2015
ORDER :
Heard counsel for the petitioner, the Government Pleader for Mines and Geology appearing for 1st respondent and Sri J.Srinivasa Rao, Standing counsel for respondents 2 to 4.
2. In this writ petition, petitioner assails the action of the respondents in deducting amounts in the bills towards payment of Employees’ Coal Mines Provident Fund by way of Contractor’s contribution, from out of the amounts payable to the petitioner towards transportation charges, pursuant to Purchase Firm Order No.7600005968 dt.10.06.2015
3. At the hearing, it is agreed by both counsel that the issue raised in this writ petition is squarely covered by the common order of this court dt.30.03.2011 in W.P.No.11107 of 2009 & batch, whereby this Court has disposed of those writ petitions with the following directions:
“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.”
4. Therefore, this Writ Petition is also disposed of in terms of the aforesaid common order and the directions reproduced above shall form part of this order. There shall be no order as to costs.
5. Consequently, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
M.S.RAMACHANDRA RAO, J
02nd December, 2015
gra
1 issue framed by the court
Whether deductions for Employees' Coal Mines Provident Fund can be made from transportation charges without prior notice?
Colour shows how this judgement treated each authority
Common Order of this court dt.30.03.2011Applied¶6
W.P.No.11107 of 2009 & batch
1 provisions across 1 enactments
Petitioner
Government Pleader for Mines and Geology
Standing counsel for respondents 2 to 4
M.S. Ramachandra Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
