Zahir Kadir Beg vs. The State Of Maharashtra And Others

Facts

The petitioners are contractual ambulance drivers whose services were terminated by contractors. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, directing Zilla Parishads to submit details of salaries payable to contractual drivers, including GST, and the funds required for monthly payments. The Zilla Parishads were asked to provide this information to the Joint Director of Health Services, Mumbai, within ten days. The Court noted that the contractors had deployed these drivers and their contracts were terminated. The judgment also refers to a communication dated January 24, 2023, from the Joint Director to District Health Officers of Zilla Parishads.

Held

The Court directed that the contractual ambulance drivers shall be paid salaries at par with the minimum pay scale of regular employees holding the same post until further orders. Their services shall not be terminated without the leave of the Court, solely based on their contractual employment status. The Court also directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within ten days, using the format annexed to the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court held that the Agency (Zilla Parishad or Contractor) must assess arrears from the date of filing of the Writ Petitions and make payments, either in lump sum or in twelve equated monthly installments. The Court also directed the Principal Employer to 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 or Principal Employer. The Court also clarified that any contractual ambulance driver terminated or disengaged is at liberty to raise an industrial dispute under the Industrial Disputes Act, 1947. The Court also stated that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme in view of 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 termination of contracts with the deploying agencies? Petitioner's arguments: The petitioners argued that despite being contractual employees, they have not been paid their salaries for extended periods. They relied on the communication from the Directorate of Health Services dated January 24, 2023, which indicated a move towards direct payment by Zilla Parishads. They sought directions for immediate payment of arrears and future salaries. Revenue/State's arguments: The State, through its communication, initiated a process to gather details for direct payment. The judgment implies the State's involvement in facilitating the payment process, especially concerning GST. The State's stance appears to be in line with addressing the payment issues of the drivers.