Pathan Irfankhan Daudkhan vs. The State Of Maharashtra And Others

Facts

Numerous 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 Directorate of Health Services, issued a communication on January 24, 2023, to District Health Officers of Zilla Parishads, requesting details of salaries payable to contractual drivers, including GST, and the funds required for direct payment. The court noted that the contractors had deployed these petitioners, and their contracts were terminated. The Zilla Parishads were directed to submit details of unpaid salaries and to initiate steps for direct payment of salaries from March 2023.

Held

The Court directed that the contractual ambulance drivers shall be paid salaries at par with the minimum pay scale of regular employees holding the same post until further orders. Their services were not to be terminated without leave of the Court. The Zilla Parishads were instructed to intimate the Joint Director of Health Services about the quantum of unpaid salaries within 10 days, using the chart annexed to the January 24, 2023 communication. The Directorate of Health Services was expected to ensure monthly salaries are paid from March 2023. The Court also directed that the Principal Employer (Zilla Parishad or Contractor) must make payments of arrears, if not in lump sum, then in twelve equated monthly installments. The Court further directed the Principal Employer to directly make payments to the contractual drivers via bank transactions, which would not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. The judgment also noted that contractual employees shall not be replaced by new contractual employees, and if terminated, drivers are at liberty to raise an industrial dispute. The State Government was permitted to frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). The Principal Employer can adjust these direct payments against contractor bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) in light of the non-payment by contractors and the State's communication dated January 24, 2023? (Question of law and fact) 2. What is the quantum of unpaid salaries and how should it be disbursed? Petitioner's arguments: The petitioners argued that they had not been paid salaries for extended periods, necessitating direct intervention by the court. They relied on the State's communication indicating a willingness to facilitate direct payment and sought directions for immediate disbursement of arrears and future salaries. Revenue/State's arguments: The State of Maharashtra, through its communication dated January 24, 2023, acknowledged the issue and requested details from Zilla Parishads for direct payment. The court considered this communication as a basis for its directions. No specific arguments against the petitioners' claims were recorded, but the State's actions indicated a move towards resolving the salary payment issue.