THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 9997 OF 2011 Dated: 18.04.2011 Between: M/s. Pradeeptha Transport Co., ..... PETITIONER AND The Singareni Collieries Company Limited and others .....RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 9997 OF 2011 ORDER : The petitioner which is a transport company filed this writ petition seeking a declaration that the action of the respondents 1 to 3 herein in insisting for payment of employees Coal Mines Provident Fund by way of contractor’s contribution and the steps taken for deducting the same out of the amounts payable to the petitioner towards transportation charges is arbitrary and illegal. It is stated that in response to the tender enquiry notice dated 4.12.2010 issued by the 1st respondent – Singareni Collieries Company Limited – the petitioner was the successful bidder and he was awarded the contract for transport for a period of 3 years from the date of the work order dated 24.2.2011. Having executed the work awarded, when the petitioner submitted a bill for payment of transportation charges, it was found that the deduction at 10.5 / 6% of the bill was sought to be made by the 2nd respondent towards contribution of the contractor for Coal Mines Employees Provident Fund. Aggrieved by the said action, the present writ petition is filed contending inter alia that the Coal Mines Provident Fund Scheme has no application at all since the activity undertaken by the petitioner cannot be treated as the one in the Coal Mine. When the matter is taken up for consideration, it is represented by the learned counsel for both the parties that in identical circumstances, W.P.Nos.11107 of 2009 and batch was disposed of by common judgment dated 30.03.2011 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 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; 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 utilised 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. There shall be no order as to costs.” It is not disputed before this Court that the petitioner herein is also similarly situated. Accordingly, following the order in W.P.Nos.11107 of 2009 and batch, dated 30.03.2011, the Writ Petition is disposed of in terms of the above directions. No costs. ___________ Date: 18.04.2011 G. ROHINI, J Note:- CC in 3 days. (B/O) Ivd