Ramesh Keshav Kajale And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

The petitioners are contractual ambulance drivers engaged through contractors by Zilla Parishads. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication dated January 24, 2023, requesting Zilla Parishads to provide details of unpaid salaries and the funds required to pay them. The Zilla Parishads were asked to fill a specific format/chart, which included GST to be levied. The Court was considering multiple writ petitions filed by these drivers seeking payment of their salaries and regularization of their services. The judgment also addresses contempt petitions related to the non-payment of salaries.

Held

The Court directed that the minimum pay scale at the lowest grade in the regular pay scale for regular employees holding the same post should be paid to the petitioners until further orders. Their services were also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court noted that the Zilla Parishads would need to intimate the Joint Director of Health Services about the quantum of unpaid salaries within 10 days and fill the annexed chart, which included GST. 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) would have to assess arrears from the filing dates of the writ petitions and make payments, possibly in installments. The Court held that the Principal Employer should directly make payments to the contractual drivers via bank transactions, which would not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. The Court also clarified that its previous conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme for regularization in light of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court expressly left undecided the issue of regularization of services beyond the current contractual arrangement, referencing the State's liberty to frame a scheme.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) instead of through contractors, considering the non-payment of wages for extended periods. 2. Whether the services of these contractual drivers can be terminated without leave of the Court, solely based on their contractual employment status. 3. Whether the State Government can frame a scheme for regularization of services of these contractual employees, notwithstanding previous court decisions. Petitioner's Arguments: The petitioners argued that due to prolonged non-payment of salaries by contractors, the Principal Employer (Zilla Parishad) should be directed to pay them directly. They also contended that their services should not be terminated without the Court's permission. They relied on various Supreme Court judgments concerning contractual employment and regularization. Revenue/State's Arguments: The State acknowledged the issue of non-payment and indicated a process for Zilla Parishads to report the quantum of unpaid salaries and required funds. The State also referred to a communication outlining the need to fill a chart including GST. The State did not explicitly argue against the direct payment or the non-termination of services but indicated a procedural approach.