Shaikh Noor Shaikh vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for ambulance services. The core issue revolved around the non-payment of salaries for periods ranging from 12 to 15 months and the termination of their contractual employment. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the format for detailing unpaid amounts. The petitions also involved contempt petitions related to previous orders concerning these drivers.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum pay scale at the lowest grade applicable to regular employees holding the same post 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 need to intimate the quantum of unpaid salaries to the Joint Director of Health Services and fill in a specified chart 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 must assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The Court further directed the Principal Employer to directly make payments to the contractual drivers via bank transactions, clarifying this would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. It was also held that if contractual drivers were terminated or disengaged, they could raise an industrial dispute under the Industrial Disputes Act, 1947. The Court also clarified that the State Government could frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). Finally, the Court held that the Zilla Parishads or State Government would adjust these direct salary payments against the bills of the Contractors.

Key Issues

1. Whether the contractual ambulance drivers, engaged through contractors by Zilla Parishads, are entitled to be paid minimum wages at the lowest grade of regular employees holding the same post until further orders, and whether their services can be terminated without leave of the Court (Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970, and principles of natural justice). 2. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of these contractual drivers, considering the non-payment by contractors and the existing communications from the Directorate of Health Services (relevant provisions concerning employer's responsibility for wages). Petitioner's arguments likely focused on the dire financial hardship caused by non-payment of salaries, the illegality of termination without due process, and the responsibility of the principal employer to ensure wages are paid, citing principles of equity and labor welfare. The Revenue/State's arguments would likely have addressed the contractual nature of the employment, the role of contractors, and the process for salary disbursement as per government directives.