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Judgment
Vilas V. Afzulfurkar, J.—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. 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:
The writ petition is disposed of, directing that,
(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;
(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 petitioner is liable, at a later point of time, it shall be under obligation to pay the arrears also;
(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
(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.