IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.20880 OF 2011 Date: 25.07.2011 Between: J.V.Rama Rao … Petitioner AND The Singareni Collieries Company Limited, rep. by its Chairman and Managing Director, Singareni Bhavan, Hyderabad and others. … Respondents ORDER: This writ petition is filed seeking a declaration that the action of respondent Nos.1 to 3 in insisting for payment of Employees Coal Mines Provident Fund by way of Contractor’s contribution pursuant to Clause 8 of the Work Order No.7500014693, dated 08.07.2011 and the consequential steps for deducting the same from out of the amounts payable to the petitioner towards transportation charges as illegal and arbitrary. Heard the learned Counsel for the petitioner and Sri Nandigama Krishna Rao, learned Standing Counsel appearing for the respondents. It is represented by learned Counsel for both the parties that in identical circumstances, W.P.No.5678 of 2009 and batch was disposed of by this Court by order dated 08.04.2011 with directions as under: 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. Accordingly, following the order in W.P.No.5678 of 2009 and batch, this Writ Petition is disposed of in terms of the above directions. There shall be no order as to costs. _____________ G.ROHINI, J 25th July, 2011. Note:- Furnish C.C. within two (2) days. B/O AMD THE HON'BLE Ms. JUSTICE G. ROHINI W.P.No.20880 OF 2011 25.07.2011 AMD