Suresh Sukhdeo Gawane vs. The State Of Maharashtra And Others

Facts

This judgment consolidates numerous writ petitions filed by contractual ambulance drivers engaged through Zilla Parishads. The petitioners, employed via contractors, alleged non-payment of salaries for periods ranging from 12 to 15 months. They sought directions for payment and regularization of their services. The State of Maharashtra, through the Joint Director of Health Services, had previously communicated with Zilla Parishads regarding the payment of salaries, including GST, and the need for funds. The Zilla Parishads were asked to submit details of salaries payable to contractual drivers in a specified format. The petitions were filed challenging the non-payment of wages and seeking intervention from the High Court.

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 were also protected from termination without 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 the format provided in a previous 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 onwards. The Court also directed that the Zilla Parishads or contractors must assess and pay arrears of payments from the filing dates of the writ petitions, either in lump sum or in twelve equated monthly installments. The Court clarified that the Principal Employer (Zilla Parishad) would directly make payments to the drivers via bank transfers, and this would not establish an employer-employee relationship with the Zilla Parishad. The judgment also noted that if any contractual drivers were terminated or disengaged, they could raise an industrial dispute under the Industrial Disputes Act, 1947. The Court also stated that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme under 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) given the alleged non-payment by contractors, and what is the appropriate mechanism for such payment, considering the provisions related to contractual employment and the payment of GST? Petitioner's arguments: The petitioners argued that they have been working for extended periods without receiving their salaries, despite being engaged in essential services. They contended that the contractors have failed to fulfill their contractual obligations regarding salary payments. They sought direct payment from the Zilla Parishads to ensure they receive their dues. They also relied on Supreme Court judgments concerning contractual employment and payment of wages. Revenue/State's arguments: The State acknowledged the issue of non-payment and had issued communications to Zilla Parishads to address the situation. The State's stance, as reflected in the communications, was to facilitate the payment of salaries, including the GST component, by the Zilla Parishads. The State provided a format for reporting salary details and quantum of funds required.