Vinod Shamrao Wagh vs. The Union Of INDIA Through Its Secretary And Others

Facts

This judgment consolidates multiple writ petitions filed by contractual ambulance drivers against the State of Maharashtra and its various authorities, including Zilla Parishads. The petitioners were engaged through contractors for providing ambulance services. They alleged non-payment of salaries for periods ranging from 12 to 15 months. The core of their grievance was the failure of the contractors, and consequently the Zilla Parishads, to disburse their rightful wages. The State, through communications from the Joint Director of Health Services, acknowledged the issue and sought details from Zilla Parishads regarding unpaid salaries. The petitions were filed seeking directions for payment of arrears and continuation of their services. The judgment also mentions an order dated 24.01.2023 from the Joint Director of Health Services.

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid minimum pay scales at the lowest grade applicable to 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 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 the communication dated 24.01.2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishads or contractors must assess and pay arrears of payments from the dates of filing of the writ petitions, either in lump-sum or in twelve equated monthly installments. The Court further directed the Principal Employer (Zilla Parishad or State) to directly make payments to the contractual drivers via bank transfers, to avoid issues of contractors not paying wages. This direct payment would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer for the purpose of deeming the contract sham. The judgment also noted that if any contractual drivers were terminated, they could raise an industrial dispute. The Court clarified that its conclusions would not prevent the State from framing a scheme under the judgment of Secretary, State of Karnataka v/s Umadevi (supra).

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, pending further orders? 2. Whether the services of these contractual drivers can be terminated without leave of the Court, solely based on their contractual employment status? 3. What is the procedure for ensuring the payment of unpaid salaries to these drivers, considering the communication from the Joint Director of Health Services? Petitioner's Arguments: The petitioners argued that they have not been paid salaries for extended periods and sought immediate disbursement of arrears. They contended that their services should not be terminated arbitrarily and that they should be paid at par with regular employees. They relied on various Supreme Court judgments concerning contractual employment and wage payments. Revenue/State's Arguments: The State, through its communications, acknowledged the issue of unpaid salaries and initiated a process to gather details from Zilla Parishads. The judgment indicates that the State was cooperating in finding a resolution for the payment of salaries. No specific arguments against the petitioners' entitlement to wages were recorded, but rather a procedural approach to address the payment was outlined.