Ashok Pundlik Badgujar vs. The State Of Maharashtra And Others

Facts

The petitioners are contractual ambulance drivers whose services were terminated by contractors. They have not been paid salaries for periods ranging from 12 to 15 months. 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 these drivers, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads are to fill a specific chart and submit it to the Joint Director of Health Services. The Court is considering multiple writ petitions filed by these drivers challenging their termination and non-payment of salaries.

Held

The Court 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. 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, about 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 Zilla Parishad or Contractor will assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, except in cases of misconduct, misdemeanor, death, or other valid reasons. Preference may be given to previously engaged contractual drivers if replacement is necessary. The Principal Employer is directed to directly make payments to the contractual drivers via bank transactions, which will not be a ground for alleging a sham contract. Terminated drivers are at liberty to raise industrial disputes. The Court noted that the State Government can frame a scheme, if desired, in view of the Supreme Court judgment in Secretary, State of Karnataka v/s Umadevi. The Principal Employer 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 termination of contracts with the deploying agencies? 2. What is the appropriate mechanism for ensuring the payment of arrears of salaries to the contractual ambulance drivers? Petitioner's Arguments: The petitioners argued that they have not been paid salaries for extended periods and that their services have been terminated. They seek directions for the payment of their dues and continuation of their services. They rely on the communication dated January 24, 2023, from the Directorate of Health Services, which indicates a move towards direct payment by Zilla Parishads. Revenue/State's Arguments: The State, through its communication dated January 24, 2023, has acknowledged the issue and initiated a process to gather details for direct payment of salaries. The State's actions suggest an intent to address the non-payment of salaries by the contractors.