JUDGMENT :

Ujjal Bhuyan, J.

This order will dispose of the above writ petitions. As a matter of fact, the above writ petitions are before the Division Bench on a reference made in view of the conflicting decisions of learned Single Benches.

2. We have heard Mr. Y. Pulla Rao, learned counsel for the petitioners; Mr. T. Suryakaran Reddy, learned Additional Solicitor General of India along with Mr. K. Aravind Kumar, learned Central Government Counsel for respondent Nos.1 and 5; and Mr. J. Srinivasa Rao, learned Standing Counsel for respondent No.4 – Singareni Collieries Company Limited.

3. The reference is before Division Bench to answer the following question which has been framed by the learned referral Judge :

Whether a driver employed by a transport contractor engaged by the Singareni Collieries Company Limited for transportation of coal would fall within the definition of the term ‘employee’ under Section 2(d) of the Coal Mines Provident Fund and Miscellaneous Provisions Act, 1948 or not?

4. The referral order succinctly sums up the controversy in question. However, we will advert to the same a bit later. It may be mentioned that petitioners in all the cases were awarded contract by Si