Dada Shivmurti Gadhve vs. The State Of Maharashtra And Others

Facts

Numerous writ petitions were filed by ambulance drivers challenging the termination of their contractual employment and non-payment of salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, directing Zilla Parishads to submit details of salaries payable to contractual drivers, including GST, and the funds required for monthly payments. The court noted that the contractors had deployed these petitioners, and their contracts had been terminated. The dispute also involved the payment of salaries and the potential adjustment of these payments against contractor bills.

Held

The Court directed that the petitioners be paid minimum pay scale at the lowest grade of regular employees holding the same post until further orders. Their services were not to be terminated without leave of the Court, solely in relation to their contractual employment. The Court acknowledged the non-payment of salaries for 12 to 15 months and, referencing the State's communication dated January 24, 2023, directed Zilla Parishads to intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten days. The Directorate of Health Services was expected to initiate steps for monthly salary payments from March 2023. The Court also directed that the agency (Zilla Parishad or Contractor) assess arrears from the writ petition filing dates and make payments, if not lump-sum, in twelve equated monthly installments. The Court held that the Principal Employer (Zilla Parishad or State Government) should directly make payments to contractual drivers via bank transactions, which would not establish an employer-employee relationship for the purpose of deeming the contract sham. These direct payments could be adjusted against contractor bills and service charges. The Court also clarified that its directions would not prevent the State from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Key Issues

1. Whether the petitioners, as contractual ambulance drivers, are entitled to continued payment of salaries and protection against termination without leave of the Court, considering their prolonged service and non-payment of dues? (Mixed question of law and fact) 2. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, and if so, how should these payments be managed and adjusted against contractor bills? Petitioner's arguments: The petitioners contended that they had been working for extended periods and were not being paid their salaries. They sought continuation of their employment and payment of arrears. They relied on the principle that employers should directly pay wages to contractual employees to avoid exploitation, citing Ashok Dhondiba Meher (supra). Revenue/State's arguments: The State of Maharashtra, through its communication dated January 24, 2023, indicated a willingness to address the salary payments by directing Zilla Parishads to provide details and fund requirements. The State also acknowledged the need to adjust payments against contractor bills. The judgment does not explicitly record arguments from the revenue/State regarding the legal entitlement of the petitioners beyond the directions issued.