Ashok Parmeshwar Chandawar And Another vs. The Union Of INDIA Through Its Secretary 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 Zilla Parishads. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, to District Health Officers of Zilla Parishads, requesting details of salaries payable to contractual drivers and including GST in the format. The communication also sought information on funds required for monthly salaries to be paid directly by Zilla Parishads. The Court noted that the contractors had deployed these drivers and their contracts were terminated.

Held

The Court directed that the Petitioners be paid salaries at par with the minimum pay scale of regular employees holding the same post until further orders. Their services were also protected from termination without the Court's leave, solely in relation to their contractual employment. The Court acknowledged the communication dated January 24, 2023, and directed Zilla Parishads to submit details of unpaid salaries to the Joint Director of Health Services within 10 days. The Directorate of Health Services was expected to initiate steps for monthly salary payments from March 2023. The Court also held that the Principal Employer (Zilla Parishad or Contractor) would have to assess arrears from the date of filing of the Writ Petitions and make payments, either lump-sum or in installments. The Court further directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, death, etc. The Principal Employer was directed to directly make payments to the contractual drivers via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. The Court also noted that the State Government could frame a scheme in line with the judgment in Secretary, State of Karnataka v/s Umadevi, and that the Principal Employer could adjust these salary payments against contractor bills and service charges. The Court also clarified that contractual drivers terminated or disengaged are at liberty to raise an industrial dispute.

Key Issues

1. Whether the Petitioners, as contractual ambulance drivers, are entitled to receive their unpaid salaries, and if so, from whom? 2. What is the appropriate mechanism for ensuring the payment of salaries to these contractual drivers, considering the termination of their contracts with the original contractors? Petitioner's arguments (implied): The Petitioners argued that they have been engaged in providing essential services and are entitled to their salaries, which have been withheld for an extended period. They sought directions for the payment of arrears and future salaries. Revenue/State's arguments (implied): The State of Maharashtra, through its communication dated January 24, 2023, indicated a willingness to address the salary issue by directing Zilla Parishads to provide details of salaries and required funds, suggesting a move towards direct payment by the Principal Employer. The State also acknowledged the role of GST in the salary structure.