Navnath Bhaskar Dive And Another vs. The State Of Maharashtra Through Its Secretary And Others

Facts

This judgment consolidates multiple writ petitions filed by contractual ambulance drivers engaged through contractors or Zilla Parishads. The petitioners claim 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 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 within ten days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries were paid from March 2023. The judgment also notes that contractors' bills would not be cleared without court leave.

Held

The Court directed that the Petitioners (contractual ambulance drivers) shall be paid the minimum pay scale at the lowest grade applicable to regular employees holding the same post until further orders. Their services shall not be terminated without leave of the Court, solely concerning their contractual employment. The Court also directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within ten days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court further 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 also directed the Principal Employer to directly make payments to the contractual drivers via bank transfers, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. It was also clarified that if any contractual drivers were terminated or disengaged, they could 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 as per the pay scale of regular employees holding the same post until further orders, and if their services can be terminated without leave of the court (related to contractual employment)? 2. Whether the Zilla Parishads or the State are obligated to directly pay the salaries of these contractual drivers, considering the non-payment by contractors? Petitioner's arguments (implied from the facts and directions): The petitioners argued for the payment of their outstanding salaries and for protection against arbitrary termination. They relied on the communication from the Joint Director of Health Services and the principle of ensuring payment of wages to contractual employees. Revenue/State's arguments (implied from the facts and directions): The State and Zilla Parishads were involved in the process of assessing and facilitating the payment of salaries, as evidenced by the communication and the subsequent directions. They appear to have acknowledged the issue of non-payment and were directed to take steps for resolution.