Aslamkha Isak Pathan vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers engaged through contractors by various Zilla Parishads in Maharashtra. The petitioners alleged non-payment of salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and the need for Zilla Parishads to provide details of funds required for monthly salaries. The petitioners sought direct payment of salaries and continuation of their services. The Zilla Parishads were called upon to submit details of unpaid salaries and to make payments. The court considered the issue of direct payment by the Principal Employer to avoid contractors not disbursing wages.

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid minimum salaries at the lowest grade of the regular pay scale applicable to regular employees holding the same post, until further orders. Their services were protected from termination without leave of the Court, solely concerning their contractual employment. The Court further directed the Principal Employer (Zilla Parishad or Contractor) to directly make payments of salaries to these contractual ambulance drivers through bank transactions. This was to address grave complaints about contractors not disbursing wages. The Court clarified that such direct payment would not establish an employer-employee relationship between the drivers and the Zilla Parishad or Principal Employer, nor would it be a ground for alleging a sham contract. The Court also directed that the Zilla Parishads or the State Government should adjust these direct salary payments against the bills of the contractors and service charges. The Court noted that if any contractual drivers were terminated or disengaged, they were at liberty to raise an industrial dispute under the Industrial Disputes Act, 1947.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their minimum salaries at the lowest grade of the regular pay scale applicable to regular employees holding the same post, until further orders? 2. Whether the services of the petitioners should be protected from termination without leave of the Court, in relation to their contractual employment? 3. Whether the Zilla Parishads, as the Principal Employers, should directly make payments of salaries to the contractual ambulance drivers to ensure they receive their dues, considering allegations of contractors not paying wages? Petitioner's arguments: The petitioners contended that they have not been paid salaries for extended periods and sought direct payment from the Zilla Parishads. They relied on the principle that the Principal Employer should ensure payment of wages to contractual employees. Revenue/State's arguments: The State acknowledged the issue of unpaid salaries and had issued communications directing Zilla Parishads to provide details and initiate steps for payment. The State also indicated the need for Zilla Parishads to provide details of funds required for monthly salaries, including GST.