Somnath Chhaganrao Hakam vs. The State Of Maharashtra And Others

Facts

These writ petitions concern contractual ambulance drivers engaged through Zilla Parishads in Maharashtra. The petitioners, employed as contractual ambulance drivers, allege non-payment of salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on January 24, 2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were directed to fill a specific chart and submit it to the Joint Director. The Court noted that contractors had deployed these drivers and their contracts were terminated. The petitions challenged the non-payment of salaries and sought directions for regularization and payment. The judgment also references previous orders and communications regarding the payment of salaries and the engagement of these drivers.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to 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 mandated that the concerned Zilla Parishads would 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 was expected to ensure monthly salaries are paid from March 2023. The Court also directed that the Principal Employer (Zilla Parishad or Contractor) would 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 held that if any contractual drivers were terminated or disengaged, they could raise an industrial dispute under the Industrial Disputes Act, 1947. The Court clarified that the State Government could frame a scheme for regularization in light of the judgment in Secretary, State of Karnataka v/s Umadevi, and that the Zilla Parishads could adjust these direct payments against contractor bills. The Court expressly left undecided the issue of regularization beyond the scope of the current directions.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) in light of non-payment by contractors, and what is the mechanism for such payment? (Question of law and fact, concerning contractual employment and payment obligations). 2. Whether the services of the petitioners can be terminated without leave of the Court, and if so, under what circumstances? (Question of law, concerning employment termination during contractual engagement). 3. Whether the State Government can frame a scheme for regularization of these contractual employees, notwithstanding previous judgments of the Supreme Court? (Question of law, concerning regularization of contractual employees). Contentions of Petitioners: The petitioners argued for direct payment of salaries by the Zilla Parishads, citing non-payment by contractors and the communication from the Joint Director of Health Services. They sought protection against termination of their services without court leave. They also sought directions for regularization. They relied on principles laid down by the Supreme Court in cases like Ashok Dhondiba Meher and Vividh Kamgar Sabha vs. Kalyani Steels Ltd. Contentions of Revenue/State: The State acknowledged the issue of non-payment and indicated a process for Zilla Parishads to submit details for salary disbursement. The State also referred to the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi for framing schemes. The State did not explicitly argue against direct payment but indicated a procedural approach. The judgment also mentions that the Directorate of Health Services was expected to initiate steps for salary payments.