Sharad Narayanrao Devare And Others vs. The State Of Maharashtra Through Its Secretary And Others

Facts

This judgment consolidates numerous writ petitions filed by contractual ambulance drivers against the State of Maharashtra and its various authorities, including Zilla Parishads. The petitioners, engaged through contractors, claim non-payment of salaries for periods ranging from 12 to 15 months. They challenge the termination of their services and the non-payment of wages. The State, through communications from the Joint Director of Health Services, has acknowledged the issue and provided a format for Zilla Parishads to report the quantum of unpaid salaries. The Court is also considering related contempt petitions and civil applications concerning the payment of salaries and the status of contractual employment.

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 are not to be terminated without the leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads must intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within 10 days, using a specified chart. The Directorate of Health Services is expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also directed that payments to these drivers should be made directly by the Principal Employer (Zilla Parishad) via bank transfers, to avoid allegations of sham contracts and to prevent the establishment of an employer-employee relationship with the Zilla Parishad. Arrears of payments are to be assessed from the filing dates of the writ petitions and paid in installments if not in lump sum. The Court clarified that these directions do not preclude the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi (supra). The Court also noted that if any contractual drivers have been terminated, they are at liberty to raise an industrial dispute. The Court expressly left undecided the broader issue of regularization of contractual employment, referencing the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) in light of non-payment by contractors, and what is the appropriate mechanism for such payment? (Implied by the facts and arguments presented). The Petitioners argued that the contractors have failed to pay their salaries, leading to severe financial hardship. They sought directions for direct payment of salaries by the Principal Employer and continuation of their services. The Revenue/State contended that while acknowledging the issue of unpaid salaries, the payment mechanism and the continuation of contractual employment require careful consideration, referencing existing schemes and legal precedents regarding contractual employment. The State also highlighted the need for Zilla Parishads to provide details of required funds. The judgment also implicitly addresses the issue of whether the services of these contractual employees should be terminated without the leave of the court, given their prolonged periods of non-payment.