Kailas Bhikanrao Tayade And Others vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, directing Zilla Parishads to submit details of salaries payable to contractual drivers, including GST, and to assess the funds required for direct payment. The Court considered the communication and the plight of the drivers who had not been paid for extended periods. The judgment also references a communication regarding the adjustment of payments against contractor bills and service charges.

Held

The Court held that the contractual ambulance drivers are entitled to receive their unpaid salaries. It directed that the minimum pay scale at the lowest grade of regular employees holding the same post shall be paid to the petitioners until further orders. The Court also directed the concerned Zilla Parishads to 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 January 24, 2023. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Principal Employer (Zilla Parishad or Contractor) must make payments of arrears, if not in lump sum, then in twelve equated monthly installments. The Court also clarified that direct payment by the Principal Employer would not establish an employer-employee relationship for the purpose of deeming the contract sham, but it would be within the Principal Employer's domain to adjust these amounts against contractor bills and service charges. The services of the petitioners shall not be terminated without leave of the Court, solely in relation to their contractual employment. The Court also noted that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State 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 unpaid salaries, and if so, from whom and in what manner? (Mixed question of law and fact, concerning contractual obligations and payment of wages). 2. Whether the Principal Employer (Zilla Parishad) should directly pay the salaries of the contractual ambulance drivers, and if so, how should this be adjusted against contractor bills? (Question of law and procedure, concerning employer responsibilities and financial adjustments). Petitioner's arguments: The petitioners argued that they have not been paid their salaries for prolonged periods and sought directions for payment. They relied on the principle that employers must ensure payment of wages to workers, referencing Supreme Court judgments like Ashok Dhondiba Meher. Revenue/State's arguments: The State of Maharashtra, through its communication dated January 24, 2023, indicated a willingness to address the salary payment issue by directing Zilla Parishads to provide details and assess fund requirements. The State also proposed direct payment by the Principal Employer and adjustment against contractor bills.