Nawabshabbir Pirkhan Khan And Others vs. The State Of Maharashtra Through Its Secretary And Others

Facts

The petitioners are contractual ambulance drivers engaged through contractors by various Zilla Parishads. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on January 24, 2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were asked to fill a specific chart and submit it to the Joint Director within 10 days. The Court was dealing with multiple writ petitions filed by these drivers seeking payment of their dues and continuation of their services.

Held

The Court held that the Zilla Parishads, as principal employers, must directly make payments of salaries to the contractual ambulance drivers via bank transactions. This direct payment would not establish an employer-employee relationship between the drivers and the Zilla Parishad or contractor for the purpose of deeming the contract sham. The Court directed that the minimum pay scale at the lowest grade of regular employees holding the same post shall be paid to the petitioners until further orders. Furthermore, their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The Court also directed that the Zilla Parishads would intimate to the Joint Director of Health Services the quantum of unpaid salaries, and the Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court noted that if any contractual drivers were terminated or disengaged, they are at liberty to raise an industrial dispute. The Court also clarified that its directions would not prevent the State Government from framing a scheme in line with the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court also directed that the Zilla Parishads or State Government could adjust these direct payments against the bills of the contractors.

Key Issues

1. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of contractual ambulance drivers, considering the non-payment by contractors? (Mixed question of law and fact, concerning principles of employment and contractual obligations). 2. Whether the contractual ambulance drivers are entitled to be paid at least the minimum pay scale of regular employees holding the same post until further orders? (Question of law, concerning fair wages and contractual terms). 3. Whether the services of these contractual drivers can be terminated without leave of the Court, solely based on their contractual employment status? (Question of law, concerning protection against arbitrary termination). Petitioner's Arguments: The petitioners argued that due to the contractors' failure to pay salaries, the Zilla Parishads, as principal employers, should be directed to make direct payments. They also contended for payment at par with regular employees and protection against termination without court leave. They relied on principles of natural justice and established labor jurisprudence regarding payment of wages to contractual workers. Revenue/State's Arguments: The judgment does not explicitly record arguments from the Revenue or State. However, the communication from the Joint Director of Health Services indicates the State's involvement in facilitating the payment process by seeking details from Zilla Parishads.