Vijay Hilal Nere v. The State Of Maharashtra And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 CONT. PETITION NO. 1045 OF 2024 IN CP/514/2023 Dhanraj Shivaji Sonawane ....Petitioner

VERSUS

The State of Maharashtra Through Its Secretary and Ors.

.....Respondents .....

AND 914 - CONT. PETITION NO. 2 OF 2025 IN CP/646/2023 915 - CONT. PETITION NO. 6 OF 2025 IN CP/743/2023 916 - CONT. PETITION NO. 16 OF 2025 IN CP/515/2023 WITH CONT. PETITION NO. 17 OF 2025 IN CP/750/2023 918 - CONT. PETITION NO. 30 OF 2025 IN CP/648/2023 WITH CONT. PETITION NO. 31 OF 2025 IN CP/739/2023 WITH CONT. PETITION NO. 32 OF 2025 IN CP/645/2023 WITH CONT. PETITION NO. 33 OF 2025 IN CP/644/2023 WITH CONT. PETITION NO. 34 OF 2025 IN CP/718/2023 WITH CONT. PETITION NO. 35 OF 2025 IN CP/720/2023 WITH CONT. PETITION NO. 36 OF 2025 IN CP/715/2023 919 - CONT. PETITION NO. 37 OF 2025 IN CP/186/2024 WITH CONT. PETITION NO. 38 OF 2025 IN CP/728/2023 WITH CONT. PETITION NO. 49 OF 2025 IN CP/733/2023 WITH CONT. PETITION NO. 45 OF 2025 IN CP/657/2023 WITH CONT. PETITION NO. 39 OF 2025 IN CP/735/2023 WITH CONT. PETITION NO.

42 OF 2025 IN CP/753/2023 WITH CONT. PETITION NO. 40 OF 2025 IN CP/755/2023 WITH CONT. PETITION NO. 46 OF 2025 IN CP/651/2023 WITH CONT. PETITION NO. 47 OF 2025 IN CP/656/2023 WITH CONT. PETITION NO. 44 OF 2025 IN CP/643/2023 WITH CONT. PETITION NO. 48 OF 2025 IN CP/749/2023 WITH CONT. PETITION NO. 43 OF 2025 IN CP/760/2023 WITH CONT. PETITION NO. 50 OF 2025 IN CP/756/2023 WITH CONT. PETITION NO. 51 OF 2025 IN CP/642/2023 WITH CONT. PETITION NO. 41 OF 2025 IN CP/744/2023 922 - CONT. PETITION NO. 1043 OF 2024 IN CP/647/2023 923 - CONT. PETITION NO. 1051 OF 2024 IN CP/722/2023 924 - CONT. PETITION NO. 1072 OF 2024 IN CP/713/2023 925 - CONT. PETITION NO. 1088 OF 2024 IN CP/518/2023 983 - CONT. PETITION NO. 243 OF 2024 986 - CONT. PETITION NO. 609 OF 2024 IN WP/3685/2024 993 - CONT. PETITION NO. 1025 OF 2024 IN CP/758/2023 994 - CONT.

PETITION NO. 1029 OF 2024 IN CP/759/2023 995 - CONT. PETITION NO. 1032 OF 2024 IN CP/801/2022 996 - CONT. PETITION NO. 1033 OF 2024 IN CP/802/2022 997 - CONT. PETITION NO. 1035 OF 2024 998 - CONT. PETITION NO. 1036 OF 2024 999 - CONT. PETITION NO. 1049 OF 2024 IN CP/748/2023 1000 - CONT. PETITION NO. 1076 OF 2024 IN CP/654/2023 1001 - CONT. PETITION NO. 1085 OF 2024 IN CP/516/2023 1002 - CONT. PETITION NO. 19 OF 2025 IN CP/746/2023 1003 - CONT. PETITION NO. 21 OF 2025 IN CP/738/2023 WITH CONT. PETITION NO. 22 OF 2025 IN CP/734/2023 WITH CONT. PETITION NO. 23 OF 2025 IN CP/652/2023 WITH CONT. PETITION NO. 24 OF 2025 IN CP/745/2023 WITH CONT. PETITION NO.

WITH CONT. PETITION NO. 26 OF 2025 IN CP/655/2023 WITH CONT. PETITION NO. 27 OF 2025 IN CP/658/2023 WITH CONT. PETITION NO. 28 OF 2025 IN CP/726/2023 1004 - CONT. PETITION NO. 29 OF 2025 IN CP/721/2023 ......

Mr. Kulkarni Pramod Ambadasrao, Advocate for the Petitioners in all Petitions Dr. Kalpalata Patil Bharaswadkar, Mrs. Uma S. Bhosale, Mr. S. J. Salgare, Mrs. S. N. Deshmukh, Mr. S. D. Ghayal and Mr. N. S. Tekale, Addl. GPs and AGPs for the Respondents - State in respective matters Mr. V. V. Gujar, Advocate for Respondent Nos.4, 5, 6 and 7 in respective matters Mr. S. B. Pulkundwar, Advocate for Respondent Nos.4, 5 and 6 in respective matters Ms. Renge Satyavati S., Advocate for Respondent No.5 in respective matters .....

CORAM

:

R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :

06.02.2025 PER COURT :

1.

These Contempt Petitions are fled for non compliance of the order dated 27/09/2024, by which, the following directions are issued :- "18. In view thereof, it goes without saying that because these drivers have been engaged to perform duties with the Zilla Parishads, it is the look out of the Zilla Parishads to ensure that their monthly salaries as per the directions of this Court in Ashok Dhondiba Meher (supra) which judgment has been sustained by the Hon'ble Supreme Court, are paid at the minimum of the pay scale at the lowest grade, in the regular pay scale extended to the regular employees holding the same posts. Such regular payments of the minimum wages shall commence from the pay day in the month of October 2024 and shall be continued uninterruptedly, failing which, the Petitioners would be at liberty to initiate Contempt of Court proceedings and in which case, we would be treating it to be aggravated contempt proceedings.

19.

Needless to state, the payments being made either by the Principal-Employer or the State, directly to the Ambulance Drivers as the case may be, would not mean that an Employer-

Employee relationship has been created between the Ambulance Drivers and the Zilla Parishads or the District Civil Surgeon. So also, the Principal-Employer in terms of the Contract Labour (Regulation and Abolition) Act, 1970, would be legally entitled to recover the said amounts from the charges that have been agreed to be paid to the Contractors." 2.

It is brought to our notice by the learned Advocate for the Petitioner/s that, the supplementary demand has been approved in the winter session and now, the Government will have to release the funds.

3.

Learned Addl. G.Ps / A.G.Ps. appearing for the State in respective matters seek time to take instructions in that regard. 4.

Stand over to 24/02/2025.

[NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer/Feb-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 07/02/2025 17:05:01