J A TRIVEDI BROTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the petitioners, who are ex-proprietors of certain coal mines, pray for quashing of revenue recovery certificates Annexures K and S, as also for issue of a writ in the nature of mandamus restraining the respondents from recovering the dues relating to provident fund scheme and damages.

(2.) PETITIONER No. 1 M/s J. A. Trivedi Brothers is a partnership firm, which held two coal mines in District Chhindwara, Madhya Pradesh. These nines are (1) Ghorawari Hirdagarh Colliery and (2) West Barkuhi Colliery. Petitioner No. 2 Ramesh Chandra was nominated under section 76 of the mines Act, 1952, and was deemed to be the owner of the mines for purposes of the Act. The management of the coal mines was taken over by the Central government under the Coal Mines (Taking Over of Management) Act, 1973, from 30th January 1973. Thereafter, by the Coal Mines (Nationalisation)Act, 1973, coal mines were nationalised and the right, title and interest of the owners in the mines stood transferred and vested in the Central Government from 1st May 1973.

(3.) THE coal mines held by the petitioners came within the definition of coal mines under the Coal Mines Provident Fund and Bonus Schemes Act, 1948. The petitioner firm was required to make contribution to the provident fund in accordance with the coal mines provident fund scheme framed under section 3 of the Act. As provided under section 10d of the Act, the petitioner firm was liable to deposit the contributions payable by the employer as also the contributions payable by the employees at the rate specified in the scheme. The petitioners did not deposit these contributions for certain months during the years 1964, 1965, 1967 and 1968.