Kishor Mahadev Malusare And Ors vs. The State Of Maharashtra Thr Its Secretary And Ors

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 various Zilla Parishads in Maharashtra. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and the format for detailing unpaid salaries. The Zilla Parishads were called upon to provide details of funds required for monthly salaries. The core issue revolved around the non-payment of wages to these contractual employees, leading them to approach the High Court.

Held

The Court held that the contractual ambulance drivers are entitled to receive their salaries. It directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post should be paid to the petitioners until further orders. The Court also directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries 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 clarified that the Principal Employer (Zilla Parishad or Contractor) would have to assess arrears from the filing dates of the writ petitions and make payments, potentially in installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, etc. The Principal Employer was directed to make payments directly via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad. The Court also noted that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under Umadevi, if desired. The Court also stated that the Principal Employer could adjust these direct payments against contractor bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? Petitioner's contention: The petitioners argued that despite rendering services, their salaries were not being paid by the contractors. They sought directions for direct payment of their salaries by the concerned authorities to ensure they receive their rightful dues. They relied on principles laid down by the Supreme Court regarding payment of wages to contractual employees. Revenue's contention: The judgment does not explicitly record specific arguments from the revenue or state regarding this issue, but their participation implies a stance on the payment mechanism and the contractual framework. The State's communication regarding GST suggests an acknowledgment of the employment structure and associated tax implications.