Mahadev Uttam Fulwale vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. The State of Maharashtra, through the Joint Director of Health Services, had previously issued communications regarding the payment of salaries and the inclusion of GST. The Zilla Parishads were called upon to provide details of funds required for monthly salaries. The Court was addressing the issue of unpaid salaries and the termination of contractual employment.

Held

The Court directed that the minimum pay scale at the lowest grade of regular employees holding the same post shall be paid to the petitioners until further orders. Their services were also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court noted that the Zilla Parishads would intimate the quantum of unpaid salaries to the Joint Director of Health Services, Mumbai, within 10 days, using a specified chart. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishad or Contractor would make the assessment of arrears from the filing dates of the writ petitions and pay them, if not in lump sum, then in twelve equated monthly installments. The Court further directed that the Principal Employer should directly make payments to the contractual ambulance drivers via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. The Court also clarified that if any contractual drivers were terminated or disengaged, they could raise an industrial dispute. The Court also noted that the State Government could frame a scheme in view of the Supreme Court judgment in Secretary, State of Karnataka v/s Umadevi, if desired. Finally, the Principal Employer was directed to adjust these direct payments against the bills of the Contractors and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? 2. Whether the services of these contractual drivers can be terminated without the leave of the Court? 3. What is the appropriate mechanism for ensuring the payment of arrears and future salaries to these drivers? Petitioner's Arguments: The petitioners argued that they have not been paid their salaries for extended periods and sought directions for direct payment and continuation of their services. They relied on various Supreme Court judgments concerning contractual employment and payment of wages. Revenue/State's Arguments: The State of Maharashtra, through its communications, indicated a process for assessing and facilitating salary payments. The judgment notes communications from the Joint Director of Health Services to Zilla Parishads regarding salary details and the inclusion of GST.