Aslamkha Isak Pathan vs. The State Of Maharashtra And Others

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 provide details of unpaid salaries and the quantum of funds required for monthly payments. The Zilla Parishads were asked to fill a specific format/chart, which also included GST to be levied. The Court is addressing multiple writ petitions filed by these drivers seeking payment of their dues and continuation of their services.

Held

The Court directed that the minimum pay scale at the lowest grade in the regular pay scale extended to regular employees holding the same post shall be paid to the petitioners until further orders. Their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The concerned Zilla Parishads are to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. 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 the Zilla Parishads or the State Government should directly make payments to these contractual employees via bank transactions, which will not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. If terminated, drivers can raise industrial disputes. The Court clarified that its directions would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Zilla Parishads can adjust these direct payments against contractor bills and service charges.

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? (This issue arises from the facts of non-payment by contractors and the State's communication directing Zilla Parishads to provide details for direct payment). 2. What is the appropriate relief to be granted to the contractual ambulance drivers who have not been paid salaries for extended periods and whose services are at risk of termination? Petitioner's Arguments: The petitioners argued for direct payment of salaries by the Principal Employer (Zilla Parishad) to ensure they receive their rightful wages, citing the principle of ensuring payment of wages to contractual employees. They also sought continuation of their services and protection against arbitrary termination. Revenue/State's Arguments: The State of Maharashtra, through its communications, indicated a willingness to facilitate direct payment of salaries by Zilla Parishads and requested details for the same. The judgment does not explicitly record arguments from the Revenue/State on the legal interpretation of their liability beyond facilitating payment.