Gajanan Dattarao Khambale And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

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 Joint Director of Health Services, had issued communications regarding the payment of salaries and the inclusion of GST. The petitioners sought directions for the payment of their outstanding salaries and for their services not to be terminated without court leave. The petitions also involved issues related to the contractual employment of these drivers and the role of Zilla Parishads and contractors in salary disbursement.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post should be paid to the petitioners until further orders. Their services were also protected from termination without court leave, specifically concerning their contractual employment. The Court noted that the Zilla Parishads would need to intimate the Joint Director of Health Services about the quantum of unpaid salaries. The Zilla Parishads were instructed to fill in a provided chart detailing unpaid salaries and submit it within ten days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that contractors' future bills would not be cleared without court leave. Payments of arrears were to be made by the agency (Zilla Parishad or Contractor) in a staggered manner, if not in lump sum, over twelve equated monthly installments. The Court also directed that the Principal Employer should directly make payments to the contractual ambulance drivers via bank transfers, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. The Court also clarified that the conclusions in Dhiraj Sudhakarrao Wankhede would not impede the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court also held that the Principal Employer could adjust these direct payments against the bills of the Contractors and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, given the non-payment by contractors? (Question of law and fact, concerning contractual obligations and labour laws). 2. Whether the services of the contractual ambulance drivers can be terminated without the leave of the Court, solely based on their contractual employment status? (Question of law, concerning employment protection). 3. What is the quantum of unpaid salaries and how should it be disbursed? (Question of fact and law, concerning financial liabilities and procedural directives). Petitioner's Arguments: The petitioners argued for direct payment of salaries by the Principal Employer due to non-payment by contractors. They also contended that their services should not be terminated arbitrarily. They relied on various Supreme Court judgments concerning contractual employment and wage payments. Revenue/State's Arguments: The State and Zilla Parishads were involved in the process of determining salary payments and the inclusion of GST. Their arguments focused on the procedural aspects of salary disbursement and the framework for contractual employment, as indicated by their communications and the chart provided for salary details.