Amir Pasha Gulab Pasha Mulla vs. The State Of Maharashtra And Others

Facts

Numerous writ petitions were filed by ambulance drivers challenging the termination of their services and non-payment of salaries by contractors engaged by Zilla Parishads. The petitioners had been engaged through contractors for ambulance services. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, to District Health Officers of Zilla Parishads, requesting details of salaries payable to contractual drivers and including GST. The Zilla Parishads were asked to indicate the funds required for monthly salaries. The petitioners had not been paid salaries for periods ranging between 12 to 15 months. The Court noted that contractors had deployed these petitioners and their contracts were terminated. The judgment also refers to a communication dated January 24, 2023, from the Joint Director of Health Services.

Held

The Court directed that the minimum pay scale at the lowest grade of 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 Court noted that the petitioners had not been paid salaries for 12 to 15 months. The concerned Zilla Parishads were directed to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The judgment also stated that the contractors' further bills would not be cleared without court leave. The Zilla Parishad or Contractor must assess arrears from the writ petition filing dates and make payments, possibly in twelve equated monthly installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, death, etc. The Principal Employer is directed to directly pay salaries via bank transactions, which will not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. Petitioners terminated or disengaged are at liberty to raise industrial disputes. The Court also clarified that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, especially when contractors have failed to do so, and what is the procedural mechanism for this? 2. What relief can be granted to the petitioners concerning the unpaid salaries and the termination of their services? Petitioner's arguments: The petitioners argued that they had not been paid salaries for extended periods and that their services were terminated. They sought directions for the payment of arrears and their continued engagement. They relied on the communication from the Directorate of Health Services indicating the State's awareness and potential involvement in salary payments. Revenue/State's arguments: The State, through its communication, acknowledged the issue of salary payments and requested details from Zilla Parishads. The judgment implies that the State is considering a mechanism for direct payment. The specific arguments of the State are not detailed, but the Court's directions suggest an acceptance of the State's role in ensuring payments.