Shivaji Pandurang Adsul vs. The State Of Maharashtra And Others

Facts

The petitioners, contractual ambulance drivers engaged through contractors by Zilla Parishads, approached the Bombay High Court seeking payment of their salaries, which were allegedly unpaid for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the inclusion of GST. The Zilla Parishads were called upon to provide details of funds required for monthly salaries. The Court was dealing with multiple writ petitions concerning the employment and payment of these contractual drivers.

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 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 quantum of unpaid salaries to the Joint Director of Health Services, Mumbai, within 10 days, using a specified chart. 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 Parishad or Contractor must assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in installments. The Court further directed the Principal Employer (Zilla Parishad) to directly make payments to the contractual ambulance drivers via bank transfers, which would not be construed as establishing an employer-employee relationship with the Zilla Parishad. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons, and preference may be given to previously engaged drivers if replacements are necessary. The Court also noted that its 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 Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, considering the alleged non-payment by contractors? (This issue arises from the petitioners' grievance regarding unpaid salaries and the court's consideration of direct payment mechanisms). 2. What is the appropriate minimum pay scale and service conditions for these contractual ambulance drivers until further orders? (This question pertains to the immediate relief sought by the petitioners regarding their remuneration and employment security). Petitioner's Arguments: The petitioners argued that they have not been paid their salaries for extended periods and sought direct payment from the principal employer (Zilla Parishad) to ensure they receive their dues. They relied on principles of natural justice and the need for timely payment of wages. Revenue/State's Arguments: The State of Maharashtra, through its communications, acknowledged the issue of salary payments and the inclusion of GST. The Zilla Parishads were directed to provide details of funds required. The State's stance appears to be in facilitating the payment process, including the GST component.