Kisan Singa Vasave vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and the need for Zilla Parishads to provide details of funds required. The petitioners sought directions for payment of their outstanding salaries and continuation of their employment. The Zilla Parishads were called upon to submit details of funds required for monthly salaries of these drivers. The judgment also refers to previous orders and communications concerning the payment of salaries and the contractual nature of employment.

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 post shall be paid to the Petitioners until further orders. Their services shall not be terminated without leave of the Court, in relation to their contractual employment. The concerned Zilla Parishads were directed to intimate to the Joint Director of Health Services, Mumbai, the quantum of unpaid salaries within 10 days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Zilla Parishads or Contractors were to assess arrears from the filing dates of the writ petitions and make payments, if not lump-sum, then in twelve equated monthly installments. The Court also directed that the Principal Employer (Zilla Parishad) should directly make payments to the contractual 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 service conditions applicable to the Petitioners would be maintained as long as the scheme lasts, and contractual employees shall not be replaced by new contractual employees, except in cases of misconduct, misdemeanor, death, or other valid reasons. The Court also noted that if any contractual drivers were terminated, they were at liberty to raise an industrial dispute. The Court also clarified that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme under Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries, including GST, directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? Petitioner's contention: The petitioners argued that due to the non-payment of salaries by the contractors, the Principal Employer or the State should be directed to make these payments directly to ensure they receive their rightful dues. They relied on principles of natural justice and the need to prevent exploitation of contractual workers. Revenue's contention: The State and Zilla Parishads' contentions, as reflected in their actions and communications, indicated a process for assessing and disbursing funds for salaries, including GST. They were seeking details and formats to facilitate these payments. The judgment does not explicitly record separate arguments from the revenue on the core legal question of direct payment, but rather their engagement in the process of facilitating payments.