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Case Details

2024:BHC-AUG:23274-DB ( 1 ) 903 cp 147.24IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD903 CONT. PETITION NO. 147 OF 2024SUBHASH CHANDAR SAPATE AND OTHERSVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERSAND904 CONT. PETITION NO. 183 OF 2024 IN RA/137/2023SHAM UMARAV PATILVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARYANDCONT. PETITION NO. 131 OF 2024 ANDCONT. PETITION NO. 127 OF 2024 ANDCONT. PETITION NO. 136 OF 2024 ANDCONT. PETITION NO. 137 OF 2024 ANDCONT. PETITION NO. 132 OF 2024 ANDCONT. PETITION NO. 144 OF 2024 ( 2 ) 903 cp 147.24 ANDCONT. PETITION NO. 142 OF 2024 ANDCONT. PETITION NO. 143 OF 2024 ANDCONT. PETITION NO. 154 OF 2024 ANDCONT. PETITION NO. 146 OF 2024 ANDCONT. PETITION NO. 148 OF 2024 ANDCONT. PETITION NO. 149 OF 2024 ANDCONT. PETITION NO. 150 OF 2024 ANDCONT. PETITION NO. 151 OF 2024 ANDCONT. PETITION NO. 152 OF 2024 ANDCONT. PETITION NO. 153 OF 2024 ( 3 ) 903 cp 147.24 ANDCONT. PETITION NO. 138 OF 2024 ANDCONT. PETITION NO. 134 OF 2024 ANDCONT. PETITION NO. 135 OF 2024 ANDCONT. PETITION NO. 129 OF 2024 ANDCONT. PETITION NO. 139 OF 2024 ANDCONT. PETITION NO. 130 OF 2024 ANDCONT. PETITION NO. 133 OF 2024 ANDCONT. PETITION NO. 128 OF 2024 ANDCONT. PETITION NO. 184 OF 2024 IN RA/139/2023 AND ( 4 ) 903 cp 147.24CONT. PETITION NO. 226 OF 2022 IN WP/6231/2020 ANDCONT. PETITION NO. 232 OF 2022 IN WP/6232/2020 ANDCONT. PETITION NO. 231 OF 2022 IN WP/5445/2020 ANDCONT. PETITION NO. 197 OF 2023 IN WP/5435/2020 ANDCONT. PETITION NO. 531 OF 2022 IN WP/5437/2020 ANDCONT. PETITION NO. 544 OF 2022 IN WP/5441/2020 ANDCONT. PETITION NO. 535 OF 2022 IN WP/6765/2020 ANDCONT. PETITION NO. 534 OF 2022 IN WP/4486/2021 AND ( 5 ) 903 cp 147.24CONT. PETITION NO. 533 OF 2022 IN WP/5430/2020 ANDCONT. PETITION NO. 802 OF 2022 IN WP/4495/2021 ANDCONT. PETITION NO. 543 OF 2022 IN WP/5426/2020 ANDCONT. PETITION NO. 801 OF 2022 IN WP/4496/2021 ANDCONT. PETITION NO. 536 OF 2022 IN WP/5813/2020 ANDCONT. PETITION NO. 542 OF 2022 IN WP/5811/2020 ANDCONT. PETITION NO. 538 OF 2022 IN WP/5431/2020 ANDCONT. PETITION NO. 541 OF 2022 IN WP/4892/2020 AND ( 6 ) 903 cp 147.24CONT. PETITION NO. 545 OF 2022 IN WP/4473/2020 ANDCONT. PETITION NO. 540 OF 2022 IN WP/5809/2020 ANDCONT. PETITION NO. 539 OF 2022 IN WP/5427/2020 ANDCONT. PETITION NO. 537 OF 2022 IN WP/5821/2020 ANDCONT. PETITION NO. 610 OF 2022 IN WP/5428/2020 ANDCONT. PETITION NO. 518 OF 2023 IN RA/324/2022 ANDCONT. PETITION NO. 517 OF 2023 IN WP/3701/2021 ANDCONT. PETITION NO. 516 OF 2023 IN WP/4312/2023 AND ( 7 ) 903 cp 147.24CONT. PETITION NO. 514 OF 2023 IN RA/51/2023 ANDCONT. PETITION NO. 515 OF 2023 IN RA/32/2023 ANDCONT. PETITION NO. 800 OF 2022 IN WP/4478/2021 ANDCONT. PETITION NO. 652 OF 2023 IN RA/17/2023 ANDCONT. PETITION NO. 653 OF 2023 IN RA/31/2023 ANDCONT. PETITION NO. 654 OF 2023 IN RA/16/2023 ANDCONT. PETITION NO. 655 OF 2023 IN RA/37/2023 ANDCONT. PETITION NO. 645 OF 2023 IN RA/60/2023 AND ( 8 ) 903 cp 147.24CONT. PETITION NO. 644 OF 2023 IN RA/73/2023 ANDCONT. PETITION NO. 642 OF 2023 IN WP/7252/2020 ANDCONT. PETITION NO. 648 OF 2023 IN RA/70/2023 ANDCONT. PETITION NO. 643 OF 2023 IN RA/141/2023 ANDCONT. PETITION NO. 656 OF 2023 IN RA/145/2023 ANDCONT. PETITION NO. 651 OF 2023 IN RA/136/2023 ANDCONT. PETITION NO. 646 OF 2023 IN RA/74/2023 ANDCONT. PETITION NO. 647 OF 2023 IN RA/52/2023 AND ( 9 ) 903 cp 147.24CONT. PETITION NO. 658 OF 2023 IN RA/27/2023 ANDCONT. PETITION NO. 659 OF 2023 IN RA/71/2023 ANDCONT. PETITION NO. 657 OF 2023 IN RA/146/2023 ANDCONT. PETITION NO. 738 OF 2023 IN RA/22/2023 ANDCONT. PETITION NO. 750 OF 2023 IN RA/29/2023 ANDCONT. PETITION NO. 737 OF 2023 IN RA/14/2023 ANDCONT. PETITION NO. 727 OF 2023 IN RA/53/2023 ANDCONT. PETITION NO. 724 OF 2023 IN RA/61/2023 AND ( 10 ) 903 cp 147.24CONT. PETITION NO. 729 OF 2023 IN RA/33/2023 ANDCONT. PETITION NO. 733 OF 2023 IN RA/130/2023 ANDCONT. PETITION NO. 760 OF 2023 IN RA/135/2023 ANDCONT. PETITION NO. 739 OF 2023 IN RA/63/2023 ANDCONT. PETITION NO. 744 OF 2023 IN RA/138/2023 ANDCONT. PETITION NO. 742 OF 2023 IN RA/140/2023 ANDCONT. PETITION NO. 748 OF 2023 IN RA/143/2023 ANDCONT. PETITION NO. 719 OF 2023 IN RA/132/2023 AND ( 11 ) 903 cp 147.24CONT. PETITION NO. 743 OF 2023 IN RA/142/2023 ANDCONT. PETITION NO. 757 OF 2023 IN RA/151/2023 ANDCONT. PETITION NO. 753 OF 2023 IN RA/72/2023 ANDCONT. PETITION NO. 716 OF 2023 IN RA/58/2023 ANDCONT. PETITION NO. 717 OF 2023 IN RA/131/2023 ANDCONT. PETITION NO. 735 OF 2023 IN RA/150/2023 ANDCONT. PETITION NO. 730 OF 2023 IN RA/148/2023 ANDCONT. PETITION NO. 728 OF 2023 IN RA/134/2023 AND ( 12 ) 903 cp 147.24CONT. PETITION NO. 740 OF 2023 IN RA/24/2023 ANDCONT. PETITION NO. 759 OF 2023 IN RA/15/2023 ANDCONT. PETITION NO. 758 OF 2023 IN RA/25/2023 ANDCONT. PETITION NO. 747 OF 2023 IN RA/34/2023 ANDCONT. PETITION NO. 745 OF 2023 IN RA/23/2023 ANDCONT. PETITION NO. 741 OF 2023 IN RA/18/2023 ANDCONT. PETITION NO. 749 OF 2023 IN RA/133/2023 ANDCONT. PETITION NO. 734 OF 2023 IN RA/35/2023 AND ( 13 ) 903 cp 147.24CONT. PETITION NO. 732 OF 2023 IN RA/36/2023 ANDCONT. PETITION NO. 731 OF 2023 IN RA/38/2023 ANDCONT. PETITION NO. 726 OF 2023 IN RA/21/2023 ANDCONT. PETITION NO. 736 OF 2023 IN RA/68/2023 ANDCONT. PETITION NO. 725 OF 2023 IN RA/30/2023 ANDCONT. PETITION NO. 754 OF 2023 IN RA/67/2023 ANDCONT. PETITION NO. 755 OF 2023 IN RA/152/2023 ANDCONT. PETITION NO. 756 OF 2023 IN RA/144/2023 AND ( 14 ) 903 cp 147.24CONT. PETITION NO. 720 OF 2023 IN RA/69/2023 ANDCONT. PETITION NO. 751 OF 2023 IN RA/65/2023 ANDCONT. PETITION NO. 752 OF 2023 IN RA/20/2023 ANDCONT. PETITION NO. 721 OF 2023 IN RA/329/2022 ANDCONT. PETITION NO. 722 OF 2023 IN RA/327/2022 ANDCONT. PETITION NO. 715 OF 2023 IN RA/62/2023 ANDCONT. PETITION NO. 714 OF 2023 IN RA/59/2023 ANDCONT. PETITION NO. 713 OF 2023 IN RA/325/2022 AND

Legal Reasoning

( 24 ) 903 cp 147.24in peculiar circumstances, the revision occurs even on a third occasion in acalendar year. The minimum wages include the basic and the dearnessallowance component, though other allowances in private industrial sectorin peculiar circumstances, could be a part of the minimum wages. Hence,when this Court has directed that the wages payable to these AmbulanceDrivers would be at the minimum of the pay scale at the lowest grade inthe regular pay scale extended to the regular employees holding the sameposts, it would mean the basic as well as the dearness allowance. Hence,this would be the package payable to each of the Ambulance Drivers.15.In the light of the submissions of the learned advocates for thePetitioners and the learned Special Counsel for the State of Maharashtraand to render a quietus to this litigations by consent, we find that thesubmissions of the learned advocates for the Petitioners can be tweakedand the following directions can be issued to the litigating parties beforeus;-a)Those Zilla Parishads who have still not tendered the details of theAmbulance Drivers who are in service, to the Public Health Department ofthe State Government, they shall issue an e-mail communication to theseZilla Parishads within ten days from today, reminding them for tenderingthe details of the Ambulance Drivers to the said Department. ( 25 ) 903 cp 147.24b)All those Zilla Parishads (we are told that they are only five innumbers), shall ensure that the details of the Ambulance Drivers would beconveyed to the Public Health Department, Mantralaya, Mumbai, within 30days from the date of the receipt of the e-mail.c)After these details are available with the said Department (as we aretold that except five, all others have furnished the details), the concernedDepartment of the State Government shall commence a verificationexercise in right earnest and complete the exercise within 60 days.d)After the above exercise is completed, the said Department, in co-ordination with the Finance Department, would assess the total burden ofthe arrears of wages, which shall be paid to the Ambulance Drivers withina period of 90 days.e)After the above exercise is completed, the State Government shallbifurcate the arrears of wages, with interest as is statutorily paid, into fourequated installments and these four installments would be paid from themonth excluding the following month in which the calculations are made.For example, if the quantification of the liability is done in the month ofApril 2025, by excluding the following month of May, the first installmentwould be paid on or before the 10th day of June 2025. It be kept in mindthat this is purely an illustration.f)If the above time schedule is followed, the State gets a time frame ofapproximately six months for calculations and assessment of liability.Thereafter, excluding the intervening month, they can pay the dues to theAmbulance Drivers in four equated monthly installments. This wholeexercise would, therefore, require around eleven months which could be ( 26 ) 903 cp 147.24sufficient time to the State Government to implement the orders of thisCourt and of the Hon’ble Supreme Court.16.The learned advocates for the Petitioners are satisfied with theabove formula. We, therefore, record that the above time schedule shall bestrictly followed by the State Government and whether the Model Code ofConduct is introduced or whether there are elections, would not be animpediment for completing such exercise.17.In so far as the payment of regular salaries of these AmbulanceDrivers is concerned, we have considered one peculiar grievance in ourorder dated 30.08.2024, in paragraph 21 ( c ) which reads as under:“21 (c): Considering the grave and serious complaints about Contractorsnot paying the wages to these Petitioners on the principle laid down bythe Hon’ble Supreme Court in Ashok Dhondiba Meher (supra), we deemit appropriate to direct the Principal Employer to directly make thepayments of these contractual Ambulance Drivers, vide Banktransactions in their salary Bank Accounts. Such payment shall not be aground for alleging that the contract is sham and bogus and noemployer/employee relationship would be deemed to be establishedbetween such Ambulance Drivers vis-a-vis the Zilla Parishad or thePrincipal Employer.” 18.In view thereof, it goes without saying that because thesedrivers have been engaged to perform duties with the Zilla Parishads, it isthe look out of the Zilla Parishads to ensure that their monthly salaries asper the directions of this Court in Ashok Dhondiba Meher (supra) which ( 27 ) 903 cp 147.24judgment has been sustained by the Hon’ble Supreme Court, are paid atthe minimum of the pay scale at the lowest grade, in the regular pay scaleextended to the regular employees holding the same posts. Such regularpayments of the minimum wages shall commence from the pay day in themonth of October 2024 and shall be continued uninterruptedly, failingwhich, the Petitioners would be at liberty to initiate Contempt of Courtproceedings and in which case, we would be treating it to be aggravatedcontempt proceedings.19.Needless to state, the payments being made either by thePrincipal-Employer or the State, directly to the Ambulance Drivers as thecase may be, would not mean that an Employer-Employee relationship hasbeen created between the Ambulance Drivers and the Zilla Parishads or theDistrict Civil Surgeon. So also, the Principal-Employer in terms of theContract Labour (Regulation and Abolition) Act, 1970, would be legallyentitled to recover the said amounts from the charges that have beenagreed to be paid to the Contractors. 20.With the above directions by consent of the parties, all theseContempt Petitions are disposed off. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]mub

Arguments

( 15 ) 903 cp 147.24CONT. PETITION NO. 718 OF 2023 IN RA/57/2023 ANDCONT. PETITION NO. 746 OF 2023 IN RA/328/2022 ANDCONT. PETITION NO. 186 OF 2024 IN WP/6235/2023 AND905 CONT. PETITION NO. 354 OF 2024RITESH ALIAS JEETU BABULAL CHAKRAVARTY AND OTHERSVERSUSSMT. SOMYA SHARMA CHIEF EXECUTIVE OFFICER AND OTHERSAND906 CONT. PETITION NO. 763 OF 2024 IN WP/1446/2024RAMESH KESHAV KAJALEVERSUSTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE…..Advocate for the Petitioners : Mr. Kulkarni Pramod AmbadasraoAdvocate for the Petitioner in CP/354/2024 : Mrs. Sharda S. WandileSpecial Counsel for the Respondents/State : Mr. Ashutosh Kulkarni a/w. Shri M.M. Nerlikar, Addl. G.P. and S/Shri S.K. Tambe, V.M. Kagne, N.D.Batule, N.S. Tekale, S.R. Wakale and Ms. Neha Kamble, AGPs in respecivePetitions ( 16 ) 903 cp 147.24Advocate for Resp. / Z.P. Nashik : Mr. U.B. BondarAdvocate for Resp. / Z.P. Jalgaon : Mr. V.V. GujarAdvocate for Resp. / Z.P. Sangli : Mr. H.V. PatilAdvocate for Resp. / Z.P. Raigad : Mr. A.D. AghavAdvocate for Resp. / Z.P. Palghar : Mr. Shrikant VeerAdvocate for Resp. / Z.P. Dhule : Mr. N.N. DesaleAdvocate for Resp. / Z.P. Dharashiv : Mrs. S.S. Renge Advocate for Resp. / Z.P. Nandurbar : Mr. Rakesh N. Jain in CP/226/2022,CP/232/2022, CP/231/2022, CP/197/2022, CP/531/2022, CP/544/2022,CP/535/2022, CP/534/2022, CP/533/2022, CP/543/2022, CP/536/2022,CP/542/2022, CP/538/2022, CP/541/2022, CP/545/2022, CP/540/2022,CP/539/2022, CP/537/2022 and CP/610/2022 Advocate for Resp. Aurangabad Z.P.: Mr. S.B. Pulkundwar in CP 515/2023 in RA 32/2023, CP 652/2023 in RA 17/2023, CP653/2023 in RA 31/2023, CP 654/2023 in RA 16/2023, CP 655/2023 inRA 37/2023, CP 658/2023 in RA 27/2023, CP 738/2023 in RA 22/2023,CP 750/2023 in RA 29/2023, CP 752/2023 in RA 20/2023, CP 737/2023in RA 14/2023, CP 729/2023 in RA 33/2023, CP 740/2023 in RA24/2023, CP 758/2023 in RA 25/2023, CP 759/2023 in RA 15/2023, CP747/2023 in RA 34/2023, CP 745/2023 in RA 23/2023, CP 741/2023 inRA 18/2023, CP 734/2023 in RA 35/2023, CP 732/2023 in RA 36/2023,CP 731/2023 in RA 38/2023, CP 726/2023 in RA 21/2023, CP 725/2023in RA 30/2023 Advocate for Resp. Nanded Z.P. : Mr. S.B. Pulkundwarin CP 518/2023 in RA 324/2022, CP 713/2023 in RA 325/2022, CP721/2023 in RA 329/2022, CP 722/2023 in RA 327/2022, CP 746/2023 inRA 328/2022,CP 730/2021 in RA 326/2022Advocate for Resp. Nagpur Z.P.: Mr. S.B. Pulkundwar in CP 354/2024…..CORAM : RAVINDRA V. GHUGE &Y.G. KHOBRAGADE, JJ.DATE :27th September, 2024 ( 17 ) 903 cp 147.24P.C. :-1.We have considered the submissions of the learned advocatesfor the Petitioners and the Special Counsel for the State Government, ShriAshutosh Kulkarni, along with the learned Addl. G.P. and the learnedAGPs.2.All these matters pertain to the Contempt Proceedings initiatedagainst the Respondents. The learned advocates for the Petitioners submitthat since this Court has delivered an extensive order on 30.08.2024, in alarge group of Writ Petitions, viz. Writ Petition No.1446/2024 (RameshKeshav Kajale and Ors. V/s. State of Maharashtra & Ors.) and group ofcases, these Petitioners pray that the Respondent-State Authorities be putto terms in accordance with the conclusions drawn by this Court in theorder dated 30.08.2024. If the State Government obeys the order of theHon’ble Supreme Court and of the various Benches of this Court, thePetitioners would pray for the disposal of these Contempt Petitions.3.The learned Special Counsel Shri Ashutosh Kulkarni, submitson instructions from certain officers of the State Government that the StateGovernment has already commenced an exercise of verifying each andevery case, as regards the engagement agency of these Petitioners, the ( 18 ) 903 cp 147.24Principal-Employer and as to what would be the ultimate burden on theState Government, to pay the salaries as have been directed by the Hon’bleSupreme Court and by this Court. He further submits that some of theZilla Parishads have not tendered the details about such AmbulanceDrivers. If they are directed to submit the details within a specific timeline,the State Authorities would be able to scrutinize each of the cases and afterobtaining appropriate sanction from the Finance Department, further stepscan be initiated. 4.The learned advocates appearing for various Zilla Parishadssubmit that in many of the cases, the Zilla Parishads are the Principal-Employer. In a few cases, the Zilla Parishads have directly engagedAmbulance Drivers. In some cases, the District Civil Surgeon has alsoengaged the Ambulance Drivers as an Agency / Principal-Employer.5.We are not required to go into all these aspects for the reasonthat, much water has flowed under the bridge in the last four years of thelitigation initiated by Ambulance Drivers. While considering a large groupof Writ Petitions on 30.08.2024, we have recorded three situations inparagraph no.2, which read as under:“2. All these Petitioners are identically placed Ambulance Drivers.Considering the pleadings and the affidavit-in-reply filed by the DeputyDirector, Health Services, Chhatrapati Sambhajinagar Circle, dated ( 19 ) 903 cp 147.2404/07/2024, which is treated as a common reply in all these WritPetitions, the record would indicate three situations, as under :-(a) In most of these matters, the Zilla Parishads have engaged contractual services of Ambulance Drivers directly; (b) In some cases, the Zilla Parishads have appointed the ‘Rugna Kalyan Samiti’ (especially Nandurbar and Jalgaon). (c) In some cases, these Ambulance Drivers have been engaged on contractual basis directly by the Chief Executive Officer of theZilla Parishad or through a Contractor.”6.We then considered several orders and judgments delivered bythis Court at the Principal Seat, at the Aurangabad Bench and the NagpurBench. Several Contempt Petitions were also filed before the NagpurBench. We, therefore, perused various orders passed by this Court and werecorded in paragraph 4 of our order dated 30.08.2024, as under:“4. In several hundreds of cases, this Court has concluded on thefollowing issues :-(a) None of these contractual Ambulance Drivers would beentitled to claim regularization or permanency in the service, eitherin the State Government or in the Zilla Parishads. Of course, itwould be open to the State Government, if they desire, to introduce apolicy in the light of the Secretary, State of Karnataka and others Vs.Uma Devi (3) and others, [(2006) 4 Supreme Court Cases 1];(b) The manner of payment of salaries of these contractualAmbulance Drivers would be continued as per the prevailingcontractual arrangement between the Zilla Parishads and theContractors or directly by the Zilla Parishads, as the case may be. (c) These contractual Ambulance Drivers would be continued oncontractual basis and would not be replaced by other contractualDrivers, in short, a contractual Ambulance driver would not bereplaced by another contractual Ambulance Driver.” ( 20 ) 903 cp 147.247.A group of matters wherein orders were passed by this Courtwith regard to payment of monthly wages, reached the Hon’ble SupremeCourt in Special Leave Petition (Civil) No.8395/2021 (C.E.O., ZillaParishad, Solapur V/s. Ashok Dhondiba Meher & Ors.), wherein theHon’ble Supreme Court delivered a verdict on 23.03.2022, concluding thatthe only relief granted by the High Court to the contractual AmbulanceDrivers was that they should be paid the wages at the minimum of the payscale at the lowest grade, in the regular pay scale extended to the regularemployees holding the same posts. This has been the last word of theHon’ble Supreme Court on the litigation journey between the AmbulanceDrivers vis-a-vis the Contractors / Principal-Employer.8.The Hon’ble Supreme Court dealt with the judgment dated20.11.2019, delivered by the Nagpur bench in Dhiraj SudhakarraoWankhede & Ors. V/s. The Zilla Parishad, Chandrapur and Ors. (WritPetition No.2247/2014) and sustained the said judgment in Special LeavePetition (Civil) bearing Diary No.12195/2020. By the order dated22.02.2021, the Special Leave Petition was dismissed.9.As such, the issue that has been put to rest in this litigationjourney is that none of the Ambulance Drivers can seek regularization inservice with the Principal-Employer, either it be the Zilla Parishads or the ( 21 ) 903 cp 147.24District Civil Surgeon and that the best benefit that they can derive is thatthey would be entitled for the minimum of the pay scale in the lowestgrade, in the regular pay scale extended to the regular employees holdingthe same posts.10.In our order dated 30.08.2024, we have noted that it is onlyafter the State Government introduces a scheme akin to the scheme thatwas introduced under the orders of the Hon’ble Supreme Court inSecretary, State of Karnataka and others v/s Umadevi (3) and others,(2006) 4 Supreme Court Cases 1. If such a scheme is introduced by theState Government, the situation is likely to assume a new dimension. Untilsuch a scheme is introduced, none of these Ambulance Drivers would beable to seek regularization since the claim for regularization has beenrejected in Dhiraj Sudhakarrao Wankhede (supra), and this judgment hasbeen sustained by the Hon’ble Supreme Court by the order dated22.02.2021, in Special Leave Petition (Civil) bearing DiaryNo.12195/2020.11.While dealing with these Contempt Petitions, on the one hand,the Petitioners submit that they do not derive any advantage even if thePetitions are taken to a logical end leading to awarding of punishment toany Government Officer. They would be happy if this Court issues certain ( 22 ) 903 cp 147.24directions giving sufficient time to the State Government to make thepayment of arrears of salaries and more importantly, for the payment ofregular monthly salaries, since they are all presently in a state of poverty.The learned Special Counsel Shri Kulkarni submits that it is anybody’sguess and it is a view of the State, that as a model employer, the Statewould never disobey any order of any Court. In the present cases, theState does not desire to disobey any order. It is only that the State is undera severe financial crunch due to which the State is unable to immediatelydole out sufficient funds for an urgent clearing of the arrears of pay scale ofthe Petitioners. He reiterates, as is recorded in the earlier paragraphs, thatthe State Government will carefully scrutinize each of the cases ofAmbulance Drivers and after assessing the total financial burden, wouldinitiate further steps.12.We are of the view that keeping these Contempt Petitionspending in the above peculiar facts of the case, may not serve anybody’spurpose. Ends of justice would be met if we call upon the Petitioners tosuggest as to whether we could put the State Government to certain terms.The learned advocates for the Petitioners submit that primarily, the firstand foremost step to be taken by the State Government is to abide by thedirections of the Hon’ble Supreme Court and of the Bombay High Court, in ( 23 ) 903 cp 147.24granting wages at the minimum of the pay scale at the lowest grade, in theregular pay scale extended to the regularly appointed employees.Secondly, the State Government can enter into a verification exercise asregards the exact number of Ambulance Drivers, those who are inemployment and the arrears to be paid.13.According to the Petitioners, the verification exercise can bedone in a short period and the arrears can be cleared in two installments.Regular payment of monthly salaries will have to be done without anexception. The learned advocate Mrs. Sharda Wandile appearing on V.C.mode from Nagpur, representing one Petitioner, submits that the ZillaParishads as also the State are laboring under a misconception that whathas been directed by this Court and which has been affirmed by theHon’ble Supreme Court, is only payment of basic wages. They need tokeep in mind that the minimum wages comprise of basic as well as thedearness allowance. These components put together constitute theminimum wages.14.While dealing with the issue raised by learned advocate Mrs.Wandile, we have no hesitation in reminding the Zilla Parishad / Principal-Employers that the minimum wages are defined under the MinimumWages Act, 1948. The dearness allowance is revised every six months and