Parmeshwar Tukaram Hange And Others vs. The State Of Maharashtra And Others

Facts

The petitioners are contractual ambulance drivers engaged through contractors by Zilla Parishads in Maharashtra. 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 format/chart. The petitions challenge the non-payment of salaries and seek directions for their regular payment. The judgment also refers to previous orders and communications regarding the employment and payment of these drivers.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post shall be paid to the petitioners until further orders. Their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The concerned Zilla Parishads are to intimate the Joint Director of Health Services, Mumbai, the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services is expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishads or the State Government shall directly make payments to the contractual ambulance drivers via bank transactions, which will not be construed as establishing an employer-employee relationship with the Zilla Parishad or Principal Employer. If any drivers have been terminated, they are at liberty to raise an industrial dispute. The Court also noted that the State Government may frame a scheme in light of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). The Zilla Parishads or the State Government are to 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 the contractual ambulance drivers, considering the non-payment by contractors? (Question of law and fact, concerning employment and payment obligations). 2. What is the appropriate mechanism and timeline for disbursing the unpaid salaries to the contractual ambulance drivers? (Question of law and fact, concerning procedural and financial remedies). Petitioner's arguments: The petitioners argued that they have not been paid salaries for extended periods, necessitating direct intervention by the principal employer. They relied on the communication from the Joint Director of Health Services indicating a process for addressing salary payments and the need for Zilla Parishads to provide details. They sought directions for immediate payment and continuation of their services. Revenue/State's arguments: The State, through its communications and the involvement of the Joint Director of Health Services, indicated a willingness to facilitate the payment of salaries. The Zilla Parishads were called upon to provide necessary details for this purpose. The judgment reflects the State's engagement in resolving the payment issue.