Washim Shahid Shaikh And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

These writ petitions were filed by contractual ambulance drivers who had not been paid 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, to District Health Officers of all Zilla Parishads, requesting details of salaries payable to contractual drivers, including GST, and the funds required for monthly payments. The Zilla Parishads were asked to submit this information to the Joint Director of Health Services, Mumbai, within 10 days. The Court noted that the contractors had deployed these petitioners and their contracts had been terminated. The Court also observed that the Zilla Parishads or contractors would have to assess arrears of payments from the dates of filing the writ petitions and make payments, possibly in installments.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same ambulance driver post shall be paid to the petitioners until further orders. Their services were also protected from termination without leave of the Court, solely in relation to their contractual employment. The Court noted that the petitioners had not been paid salaries for 12 to 15 months. In light of the State's communication dated January 24, 2023, the concerned Zilla Parishads were directed to intimate the quantum of unpaid salaries to the Joint Director of Health Services, Mumbai, within 10 days, using the provided chart. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also directed that arrears of payments from the dates of filing the writ petitions should be assessed and paid, either lump-sum or in twelve equated monthly installments. The Court further directed the Principal Employer (Zilla Parishad or State Government) to directly make payments to the 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 or Principal Employer. The Court also clarified that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme. The Court held that the Principal Employer could adjust these direct salary payments against the bills of the contractors and service charges. The Court also granted liberty to terminated/disengaged drivers to raise industrial disputes.

Key Issues

1. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of contractual ambulance drivers, especially when contractors have failed to do so, and what is the procedural mechanism for such payments? (This issue pertains to the interpretation and application of principles related to employer-employee relationships and contractual obligations in the context of public services). 2. What is the appropriate relief to be granted to the petitioners who have not received salaries for extended periods, considering the communication from the Directorate of Health Services and the ongoing contractual arrangements? Petitioner's arguments: The petitioners argued that they had not been paid their salaries for a considerable period and sought directions for payment. They relied on the communication from the State Government indicating a mechanism for addressing salary payments. Revenue/State's arguments: The State of Maharashtra, through its communication dated January 24, 2023, indicated a process for assessing and potentially disbursing salaries. The judgment does not explicitly record arguments from the revenue or state beyond their participation in the process outlined in the communication.