Kailas Tukaram Markate And Others vs. The State Of Maharashtra And Others

Facts

Numerous writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. A communication dated January 24, 2023, from the Directorate of Health Services, Government of Maharashtra, to District Health Officers of Zilla Parishads, requested details of salaries payable to contractual drivers, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were to submit this information to the Joint Director of Health Services, Mumbai. The Court noted that the contractors had deployed these petitioners and their contracts had been terminated.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post of ambulance driver shall be paid to the petitioners until further orders. Their services were not to be terminated without leave of the Court, solely in relation to their contractual employment. The Court also directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within 10 days, using the format provided in the January 24, 2023 communication. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court held that the Principal Employer (Zilla Parishad or Contractor) must assess arrears from the dates of filing of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, and the Principal Employer should directly make payments to the 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. The Court noted that if contractual drivers were terminated or disengaged, they could raise an industrial dispute. The Court also clarified that its conclusions would not impede the State Government from framing a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Principal Employer can adjust these direct payments against the contractors' bills and service charges.

Key Issues

1. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, especially in light of the communication dated January 24, 2023, and the non-payment of wages by contractors? Petitioner's contention: The petitioners argued that due to the non-payment of salaries by the contractors and the communication from the Directorate of Health Services indicating direct payment by Zilla Parishads, the principal employers should be directed to pay their outstanding salaries and future wages. They relied on the principle of ensuring payment of wages to workers. Revenue/State's contention: The State, through its communication, indicated a process for assessing and potentially facilitating payments. The judgment does not explicitly record arguments from the State against the direction for direct payment, but rather outlines the process initiated by the State.