Prem Pundlik Kadav vs. The State Of Maharashtra And Others

Facts

The petitioners are contractual ambulance drivers engaged through contractors by 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 24.01.2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were directed to fill a specific chart and submit it to the Joint Director within 10 days. The Court was considering multiple writ petitions filed by these drivers challenging the non-payment of their salaries and the termination of their contracts.

Held

The Court directed that the minimum pay scale at the lowest grade in the regular pay scale extended to regular employees holding the same ambulance driver 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 were directed to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated 24.01.2023. 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 the Zilla Parishad or Contractor must assess arrears from the filing dates of the writ petitions and make payments, if not in lump sum, then in twelve equated monthly installments. The Court further directed that the Principal Employer (Zilla Parishad) should directly make payments to the contractual ambulance drivers via bank transactions to prevent contractors from withholding wages. This direct payment would not establish an employer-employee relationship between the drivers and the Zilla Parishad for the purpose of alleging a sham contract. The judgment did not expressly decide on the long-term employment status or the validity of the contracts themselves, focusing primarily on ensuring payment of arrears and current salaries.

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? (This issue arises from the facts and the directions sought by the petitioners). Petitioner's arguments: The petitioners argued that due to the contractors' failure to pay salaries, the Principal Employers (Zilla Parishads) should be directed to make direct payments to ensure they receive their rightful wages. They relied on principles of natural justice and the need to prevent exploitation. Revenue/State's arguments: The State of Maharashtra, through its communications and the involvement of the Joint Director of Health Services, indicated a willingness to facilitate the payment process. The State's stance was to ensure the drivers received their salaries, albeit through a structured process involving Zilla Parishads and the Directorate of Health Services. The judgment does not explicitly record arguments from the State against direct payment but rather outlines a process for it.