Ravindra Sakharam Chaudhari And Others vs. The State Of Maharashtra Through Its Secretary And Others

Facts

This judgment consolidates multiple writ petitions and contempt petitions concerning contractual ambulance drivers engaged through Zilla Parishads in Maharashtra. The petitioners, employed as contractual ambulance drivers, had not been paid 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 provide details of unpaid salaries and the funds required for monthly payments. The Zilla Parishads were directed to fill a specific chart detailing these amounts and submit it to the Joint Director. The Court was addressing the issue of non-payment of salaries and the termination of services of these contractual drivers.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum pay scales at the lowest grade of regular employees holding the same post until further orders. Their services were to be protected from termination without leave of the Court, specifically concerning their contractual employment. The Zilla Parishads were instructed to intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten days, using the provided chart. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Principal Employer (Zilla Parishad or Contractor) must assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in installments. The Court further directed that the Principal Employer should 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. The judgment also clarified that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under Umadevi. Finally, it was held that the Principal Employer could adjust these direct payments against contractor bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) until further orders, considering the non-payment by contractors? (Section 129 of the CGST Act, 2017, and Section 73 of the CGST Act, 2017, were implicitly relevant to the revenue aspects, though not directly argued as the core issue). Petitioner's contention: The petitioners argued that due to the non-payment of salaries by contractors, the Principal Employer should be directed to pay them directly. They sought continuation of their services and payment of arrears. Revenue/State's contention: The State of Maharashtra, through its communications, acknowledged the issue and initiated a process to gather information for salary disbursement. The judgment indicates the State was cooperating with the Court's directions.