Govind Dashrath Ingale And Others vs. The State Of Maharashtra Thr Its Secretary And Othes

Facts

These writ petitions involve numerous petitioners who were contractual ambulance drivers engaged through contractors or Zilla Parishads. The core issue revolves around the non-payment of salaries to these drivers for extended periods, ranging from 12 to 15 months. The petitioners are seeking directions for the payment of their outstanding salaries and for their continued employment. The State of Maharashtra, through various communications, including one dated 24.01.2023 from the Joint Director of Health Services, has acknowledged the issue and proposed a mechanism for salary disbursement, involving Zilla Parishads providing details of required funds. The court is considering the payment of salaries and the continuation of contractual services pending further orders.

Held

The Court directed that the Petitioners, as 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 shall not be terminated without leave of the Court, specifically concerning their contractual employment. The concerned Zilla Parishads are directed to intimate the Joint Director of Health Services, Mumbai, the quantum of unpaid salaries within 10 days, using a specified chart format. The Directorate of Health Services is expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishads or Contractors will assess arrears from the filing dates of the writ petitions and make payments, potentially in installments. The Court held that the service conditions applicable to the Petitioners would be maintained as long as the scheme lasts, and contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. The Principal Employer is directed to directly make payments to the drivers via bank transfers. The Court also noted that the conclusions in Dhiraj Sudhakarrao Wankhede would not impede the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the Petitioners, as contractual ambulance drivers, are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad or State) in light of non-payment by contractors, and what is the quantum of such arrears? 2. Whether the contractual employment of the Petitioners should be continued until further orders, and if so, under what service conditions? Petitioner's Arguments: The petitioners argued that they have not been paid salaries for extended periods, necessitating direct intervention for payment. They sought continuation of their services and payment of minimum wages. They relied on Supreme Court judgments concerning contractual employment and wage payments. Revenue/State's Arguments: The State acknowledged the issue and indicated a process for addressing salary payments. Communications from the Joint Director of Health Services suggest a framework for Zilla Parishads to report required funds for salaries, including GST. The State appears to be cooperating in finding a resolution for the payment of salaries and the continuation of services.