Ghanshyam Uttamgir Giri And Ors vs. The Union Of INDIA Thr Its Secretary And Ors

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for providing ambulance services. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the GST to be levied. The petitioners sought directions for payment of arrears and continuation of their services. The Zilla Parishads were called upon to provide details of salaries payable, including GST, and the quantum of funds required for monthly payments.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum pay scale at the lowest grade of regular employees holding the same post until further orders. Their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The Court noted that the petitioners had not been paid salaries for periods ranging between 12 to 15 months. It directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries, filling in a specific chart within 10 days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Zilla Parishad or Contractor would have to make assessment of arrears from the dates of filing of the writ petitions and make payments in a staggered manner if not in lump-sum. The Court also directed the Principal Employer to directly make payments of these 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. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, or death. It was also held 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 contractual ambulance drivers, engaged through contractors, are entitled to receive minimum wages at par with regular employees holding similar posts, and whether their services can be terminated without leave of the court? The petitioners argued that they have been working for extended periods and are entitled to regularisation or at least payment of minimum wages as per the lowest grade of regular employees. They also contended that their services should not be terminated arbitrarily. The revenue contended that these are contractual employees and their engagement is governed by the terms of the contract. 2. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of these contractual drivers, considering the non-payment by contractors? The petitioners argued for direct payment by the principal employer to ensure they receive their rightful wages, citing issues with contractors not disbursing payments. The revenue's stance on this aspect is not explicitly detailed but implied through the court's directions.