Created by Fuzzy Cloud

Bombay High Court

MANOJ ANKUSH SHINDE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petitions are partly allowed, directing maintenance of service conditions, prohibition of replacement except for specified reasons, direct payment of wages by the principal employer, and permitting industrial dispute remedies for terminated drivers.

Summary

The petitioners, contractual ambulance drivers employed by contractors under the Zilla Parishad, challenged the replacement of their service conditions and non‑payment of wages. The High Court referred to its earlier order in Writ Petition No. 1913 of 2024, affirmed by the Supreme Court in Civil Appeal No. 7288 of 2025, and partially allowed the writs. It directed that the existing service conditions remain for the duration of the scheme, prohibited replacement of contractual drivers except in cases of misconduct, death or similar reasons, and ordered the principal employer to pay salaries directly to the drivers’ bank accounts. The Court clarified that such payment does not create an employer‑employee relationship with the Zilla Parishad, and allowed terminated drivers to raise industrial disputes under the Industrial Disputes Act, 1947. It also noted that the State may frame a new scheme consistent with Supreme Court precedents.

Issues considered

  • The applicability of existing service conditions to contractual ambulance drivers under the scheme
  • Whether contractual drivers can be replaced by new contractual employees
  • The liability for payment of wages and the nature of the employer‑employee relationship
  • The right of terminated drivers to raise industrial disputes under the Industrial Disputes Act, 1947
  • The scope for the State Government to frame a new scheme in light of Supreme Court judgments

Legislation cited

Subjects

  • contractual employees
  • ambulance drivers
  • wage payment
  • employer-employee relationship
  • industrial dispute
  • service conditions
  • replacement of staff
  • government scheme

Judgment

2026:BHC-AUG:43036-DB


                                               {1}                    38-wp-12197-2026

                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                              38 WRIT PETITION NO. 12197 OF 2026

                                         Vikas Onkar Bagul
                                              VERSUS
                                The State Of Maharashtra And Others
                                                 ...
              Mr. Pramod A. Kulkarni, Advocate for the Petitioner
              Mr. N.D. Batule, AGP for State
              Mr. V.V. Gujar, Advocate for Respondents No. 4 and 5

                              57 WRIT PETITION NO. 12217 OF 2026

                                Manoj Ankush Shinde And Another
                                             VERSUS
                               The State Of Maharashtra And Others

              Mr. Pramod A. Kulkarni, Advocate for the Petitioner
              Mr. S.R. Wakle, AGP for State
              Mr. U.B. Bondar, Advocate for Respondents No. 3 and 4
                                               .......

                                     CORAM : NITIN B. SURYAWANSHI AND
                                              ABASAHEB D. SHINDE, JJ.


                                        DATE : 21st SEPTEMBER, 2026
              PER COURT :

              1.   Indisputably, the case of the petitioners is covered by the order

              passed by this Court in Writ Petition No. 1913 of 2024 and connected

              matters on 30.08.2024. Said order is confirmed by the Apex Court in

              Civil Appeal No. 7288 of 2025 by order dated 19.08.2026.


              2.   In the light of above, for the reasons stated in the order passed

              in Writ Petition No. 1913 of 2024, writ petitions are partly allowed with
                                {2}                    38-wp-12197-2026

following directions:-

   (a) The service conditions applicable to these Petitioners would
        be maintained as long as the scheme lasts.

   (b) The contractual employees shall not be replaced by new
       contractual employees, either by the Contractor or by the
       Principal employer. These directions of not to be replaced
       with another contractual employee, would be restricted
       only to the contractual working of such Drivers, and in the
       event of any misconduct/misdemeanor/death of the
       employee or any such reasons, the Principal Employer/the
       Contractor would be at liberty to seek services of new
       Ambulance Drivers. If there are certain contractual
       Ambulance Drivers, who have earlier worked, and are not
       engaged as on date, preference may be granted to them,
       if any replacement is to be effected.

   (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.

   (d) If any of the contractual Ambulance Drivers have been
        terminated or disengaged, they are at liberty to raise an
        industrial dispute under the provisions of the Industrial
        Disputes Act, 1947 and carry a reference to the Industrial
        Tribunal/Labour Court, as the case may be, in the light of
        the law laid down in Vividh Kamgar Sabha vs. Kalyani
        Steels Ltd. And Anr., [2001 (2) SCC 381]; Cipla Ltd. Vs.
                                    {3}                  38-wp-12197-2026

             Maharashtra General Kamgar Union and Ors., [2001 (3)
             SCC 101] and the judgment of the Hon’ble Supreme
             Court (5 Judges Bench) in Steel Authority of India Ltd.
             and Others Vs. National Union Water Front Workers and
             Others, dated 30/08/2001, reported in [AIR 2001 SC
             3527].

     (e) The conclusions of this Court in Dhiraj Sudhakarrao
         Wankhede (supra), which have been sustained by the
         Hon’ble Supreme Court, would not come in way of the
         State Government in framing a scheme in view of the
         judgment of the Hon’ble Supreme Court in Secretary,
         State of Karnataka v/s Umadevi (supra), if so desired by
         the State Government.

     (f) Since we have directed the Zilla Parishads or the State
          Government or the Rugna Kalyan Samiti (Medical Board),
          as the case may be, to directly pay the salaries to these
          contractual employees, it would be within the domain of
          the Principal Employer, to adjust these amounts as
          against the bills of the Contractors and also by adjusting
          the service charges.



(ABASAHEB D. SHINDE, J.)                  (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.