Bharat Bapu Chaudhari 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 various Zilla Parishads in Maharashtra. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and requested details from the Zilla Parishads. The Zilla Parishads were called upon to provide the quantum of funds required for monthly salaries. The issue of GST on these payments was also a consideration in the process.

Held

The Court directed that the contractual ambulance drivers shall be paid salaries at the minimum pay scale of regular employees holding the same post until further orders. Their services were protected from termination without leave of the Court, solely on the basis of their contractual employment. The Court mandated that the Zilla Parishads or the State Government (or Rugna Kalyan Samiti) shall directly pay the salaries of these contractual employees through bank transactions. These direct payments would be adjustable against the bills of the contractors and service charges. The Court also noted that the contractors' further bills would not be cleared without leave of the court. The judgment also addressed the adjustment of payments against contractor bills and service charges. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, death, or other valid reasons. Preference was to be given to previously engaged contractual drivers if replacements were necessary. The Court also clarified that these directions would not prevent the State Government from framing a scheme in accordance with the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi, if desired.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries at the minimum pay scale of regular employees holding the same post, until further orders. 2. Whether the services of these contractual drivers can be terminated without leave of the Court, solely based on their contractual employment. 3. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of these contractual ambulance drivers, and how such payments should be adjusted against contractor bills. Arguments for the Petitioners: The petitioners argued for the payment of their salaries, citing the delay and hardship caused by non-payment. They sought directions for the payment of minimum wages and protection against arbitrary termination. Arguments for the Revenue/State: The State and Zilla Parishads were involved in the process of determining salary payments, including the aspect of GST. They were directed to provide details and facilitate payments.