Pravin Vijay Umale And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

Multiple writ petitions were filed by contractual ambulance drivers engaged through contractors by Zilla Parishads in Maharashtra. The petitioners alleged non-payment of salaries for periods ranging from 12 to 15 months. They were employed to operate ambulances under various government health schemes. The core issue revolved around the non-payment of wages and the termination of their services without proper recourse. The State of Maharashtra, through the Joint Director of Health Services, had previously communicated regarding the quantum of unpaid salaries and the need for Zilla Parishads to provide details. The Zilla Parishads were directed to submit a chart detailing unpaid salaries to the Joint Director of Health Services within 10 days. The court was also considering the payment of GST on salaries.

Held

The Court directed that the contractual ambulance drivers shall be paid the minimum pay scale at the lowest grade applicable to regular employees holding the same post until further orders. Their services were also protected from termination without the leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads would intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries, filling in a specific chart annexed to a communication dated 24.01.2023 within 10 days. Furthermore, 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 Parishads or the Principal Employer would directly make payments to the contractual ambulance drivers via bank transactions, and these payments would be adjusted against the bills of the contractors and service charges. The Court also clarified that the contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, death, or other valid reasons, and preference may be given to previously engaged drivers if replacements are necessary. The judgment also noted that the conclusions in Dhiraj Sudhakarrao Wankhede would not impede the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive minimum pay scale at the lowest grade of regular employees holding the same post until further orders? (Question of law) 2. Whether the services of the petitioners can be terminated without leave of the Court, solely based on their contractual employment? (Question of law) 3. Whether the Zilla Parishads or the Principal Employer are obligated to directly pay the salaries of these contractual ambulance drivers, and if so, how should these payments be processed and adjusted against contractor bills? (Question of mixed law and fact) Petitioner's Arguments: The petitioners argued that they have not been paid salaries for extended periods and sought directions for payment. They also contended that their services should not be terminated without the court's permission, especially considering the non-payment of wages. They relied on various Supreme Court judgments concerning contractual employment and payment of wages. Revenue/State's Arguments: The State acknowledged the issue of unpaid salaries and had issued communications to Zilla Parishads for details. The State's stance, as reflected in the court's directions, was to ensure payment of salaries and to facilitate the process of reconciliation with contractor bills. The judgment also mentions the inclusion of GST in the salary details to be submitted by Zilla Parishads, indicating the revenue's interest in the tax implications.