Arun Navnath Parkale And Others vs. The Union Of INDIA Through Its Secretary And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging their disengagement and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for ambulance services. They alleged non-payment of salaries 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 format for submitting details. The Zilla Parishads were called upon to provide details of funds required for monthly salaries. The Court was considering the issue of direct payment of salaries and the continuation of services of these contractual drivers.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum wages at the lowest grade of the regular pay scale applicable to regular employees holding the same post until further orders. Their services were also protected from termination without the leave of the Court, specifically concerning their contractual employment. The Court further directed that the concerned Zilla Parishads would intimate to the Joint Director of Health Services, Mumbai, the quantum of unpaid salaries. The Zilla Parishads were to fill in a specific chart annexed to a communication dated 24.01.2023 and submit it within 10 days. 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 Principal Employer (Zilla Parishad or Contractor) would have to make the assessment of arrears from the dates of filing of the writ petitions and make payments, either lump-sum or in installments. The Court held that the Principal Employer should directly make payments to the contractual ambulance 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 if any contractual drivers were terminated or disengaged, they were at liberty to raise an industrial dispute. The Court noted that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme as per the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the contractual ambulance drivers are entitled to be paid minimum wages at the lowest grade of the regular pay scale applicable to regular employees holding the same post, pending further orders in their writ petitions? 2. Whether the services of these contractual drivers can be terminated without the leave of the Court, solely on the basis of their contractual employment? 3. Whether the Zilla Parishads are obligated to directly pay the salaries of these contractual ambulance drivers, and if so, how should the arrears of unpaid salaries be handled? Petitioner's arguments likely centered on the right to receive wages for services rendered, the unfairness of non-payment, and the need for direct payment to ensure their livelihood. They would argue for the continuation of their services until a final decision is reached. The revenue/State's arguments would likely focus on the contractual nature of the employment, the role of contractors, and the process for disbursing funds, potentially referencing existing government communications and procedures for salary payments.