APHC010344182013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36321/2013 Between: 1. CH.N.MALLESWARA RAO,, OCC: CONTRACTOR, R/O SRI LAKSHMI SAI ENCLAVE, FLAT NO. 204, J.D.NAGAR, VIJAYAWADA-520010 KRISHNA DISTRICT. ...PETITIONER AND 1. THE UNION OF INDIA MIN OF LABOUR 4 OTHERS, MINISTRY OF LABOUR, SECRETARIAT, NEW DELHI. 2. THE SINGARENI COLLIERIES COMPANY LIMITED REP, BY ITS CHAIRMAN AND MANAGING DIRECTOR, SINGARENI BHAVAN, KHAIRATABAD, HYDERABAD. 3. THE CHIEF GENERAL MANAGER PURCHASE, CORPORATE PURCHASE DEPARTMENT, SINGARENI COLLIERIES COMPANY LIMITED, CORPORATE OFFICE, KOTHAGUDEM, KHAMMAM DISTRICT. 4. THE GENERAL MANAGER, SINGARENI COLLIERIES COMPANY LIMITED, GKOC,(KGM AREA) KOTHAGUDEM, KHAMMAM DISTRICT. 5. THE REGIONAL COMMISSIONER, COAL MINES PROVIDENT FUND, KOTHAGUDEM, AUTHORITY UNDER COAL MINES PROVIDENT FUND SCHEME, BURMA CAMP, KOTHAGUDEM, KHAMMAM DISTRICT-507101. ...RESPONDENT(S): SRS,J W.P.No.36321 of 2013 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue a Writ, Order or direction more in the nature of Writ of Mandamus declaring the (a) the order passed by the Respondent No.5 vide Proc No.CPF/KGM/32/Legal/WP-27174/2012/CTC/1499 dated 14-11-2013 holding that the activity undertaken by the petitioner with the workmen who are deployed do fall within the definition of "Coal mine" and the Employees are entitled for the benefits under the provisions of CMPF Scheme and liable to pay the contributions towards CMPF and also directing the Singareni Collieries Company Limited to furnish the details of contribution paid by the Petitioner under Section 10 of Coal Mines Provident Fund and Miscellaneous Act, 1948 together with the statutory returns and declaration forms in respect of the contract labour to record and allot membership number within two months from the date of receipt of the order ; (b) declare the action of the Respondents company in incorporating Clause 6 for payment of Coal Mines Provident Fund @ 10.5 /6% towards Employers (Contractors) contribution in the work Order No. 7600004624 dated 28-6-2012 as well as Clause 6 of the Agreement Bond dated 13-7-2012 even though the provisions of Coal Mines Provident Fund and Miscellaneous Act, 1948 and the AP Coal Mines Provident Fund Scheme are not applicable to the Transport Contractors as held by the Hon'ble Supreme Court in AIR 1966 SC 1995 is nothing but unlawful, void and contrary to the provisions of Indian Contract Act 1872 ; (c) withholding/recovering the amounts towards Coal Mines Provident Fund out of the amounts payable to the petitioner towards transportation charges even though the activity undertaken by the petitioner does not fall within the definition of 'Coal Mine" and the workmen as illegal, arbitrary, contrary to the Coal Mines Provident Fund and Miscellaneous Provisions Act 1948; (d) and pass such further or other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 45159 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents not to take any coercive steps for withholding the amounts payable to the petitioner towards transportation charges for the purpose of Coal Mines Provident Fund scheme pending disposal of the Writ Petition and pass such further or other orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Page 3 of 4 SRS,J W.P.No.36321 of 2013 IA NO: 1 OF 2014(WPMP 8599 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Counsel for the Petitioner: 1. VENKATESHWAR VARANASI Counsel for the Respondent(S): 1. ADHI VENKATESWARA RAO 2. NANDIGAM KRISHNA RAO 3. HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA) The Court made the following order: Since there was no representation on behalf of the petitioner when the matter was listed 07.07.2025, the matter was directed to be listed today under the caption ‘for dismissal’. 2. Despite the writ petition being listed today under the caption ‘for dismissal’, there is no representation for the petitioner either in the forenoon or in the afternoon. It seems the petitioner is not interested in prosecuting the writ petition. 3. Hence, this writ petition is dismissed for non-prosecution. No costs. Miscellaneous petitions pending, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.07.2025 IKN SRS,J W.P.No.36321 of 2013 369 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36321 of 2013 Date: 09.07.2025 IKN