Prabuddha Several Services Co-Operative Society Ltd., Amravati Thr. President, Pravin V. Wadekar v. State Of Maharashtra, Thr. Secretary For Administration Ministry, Mumbai And ORS.

2025:BHC-NAG:3924-DB 24-wp 3990-23.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO.07 OF 2025 IN WRIT PETITION NO. 3990 OF 2023 Prabuddha Several Services Co-operative Society -Vs- State of Maharashtra and ors. --------------------------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------------------------- Mr. N.S.Rao, A.G.P for respondent-State.

Mr.S.M.Bhangde, counsel for respondent Nos.2 and 3. CORAM: NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : 15th April, 2025.

1.

In an identical issue decided at Aurangabad Bench in Writ Petition No.1913 and 2024 with other connected matters (Navnath Baskar Dive and anr. Vs. The State of Maharashtra and ors.) dated 30/08/2024, following directions are issued:- "(C) Considering the grave and serious complaints about Contractors not paying the wages to these Petitioners on the principle laid down by the Hon'ble Supreme Court in Ashok Dhondiba Meher (Supra), we deem it appropriate to direct the Principal Employer to directly make the payments of these contractual Ambulance Drivers, vide Bank transactions, in their salary Bank Accounts. Such payment shall not be a ground for alleging that the contract is sham and bogus and no employer/employee relationship would be deemed to be established between such Ambulance Drivers vis-a-vis the Zilla Parishad or the Principal Employer".

Kavita

24-wp 3990-23.odt 2/2 2.

In view of above, we see no reason not to allow the present Civil Application in terms of prayer clause (a) as the respondent Nos.2 and 3 intend to pay the amount to the Ambulance Drivers in their accounts directly, which is otherwise due and payable to the petitioner. Civil application stands allowed in above terms.

3.

The order is passed taking in view the fact that though served, neither the petitioner nor other respondents has objected to this application.

4.

Civil Application stands disposed of.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Signed by: Kavita P Tayade Designation: PA To Honourable Judge Date: 16/04/2025 18:01:20 Kavita