Karan Sanjay Lokhande And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

The petitioners are contractual ambulance drivers engaged through contractors by Zilla Parishads. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on January 24, 2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were directed to fill a specific chart and submit it to the Joint Director of Health Services within 10 days. The Court was considering multiple writ petitions filed by these drivers challenging the non-payment of their salaries and the termination of their contracts.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post should be paid to the petitioners until further orders. Their services were not to be terminated without leave of the Court, solely in relation to their contractual employment. The Court noted that the Zilla Parishads would intimate the Joint Director of Health Services regarding the quantum of unpaid salaries, and the chart annexed to the communication dated January 24, 2023, would be filled and submitted within 10 days. 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 assess arrears from the filing dates of the writ petitions and make payments in installments if not in a lump sum. The Court held that the Principal Employer should directly make payments to the contractual ambulance drivers via bank transactions to address grave complaints about contractors not paying wages, without this establishing an employer-employee relationship with the Zilla Parishad. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. It was also stated that the conclusions in Dhiraj Sudhakarrao Wankhede (supra) would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Key Issues

1. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of contractual ambulance drivers, considering the non-payment by contractors? (Mixed question of law and fact, turning on principles of employer responsibility and contractual obligations). 2. What is the appropriate mechanism for ensuring timely payment of salaries to these contractual drivers, and what relief can be granted for the arrears? (Question of law and fact, concerning the interpretation and application of relevant labor and service laws). Arguments for the Petitioners: The petitioners argued that they have not been paid for extended periods, necessitating direct intervention by the principal employer. They sought directions for the payment of arrears and future salaries. They relied on the principles laid down in judgments such as Ashok Dhondiba Meher (supra) regarding the responsibility of principal employers. Arguments for the Revenue/State: The State, through its communications and the Joint Director of Health Services, acknowledged the issue and sought details from Zilla Parishads to facilitate payments. The State's stance was to ensure payments were made, but the mechanism and responsibility were being clarified. The judgment does not explicitly record arguments from the State or Zilla Parishads beyond their participation in the process outlined in the communications.