Ravindra Sadaram Tidke And Others vs. State Of Maharashtra Through Its Secretary And Others

Facts

The petitioners are contractual ambulance drivers employed through contractors by Zilla Parishads. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on 24.01.2023, directing Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were asked to fill a specific format/chart and submit it within 10 days. The Court was considering multiple writ petitions filed by these drivers challenging the non-payment of their salaries and the termination of their services.

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid minimum salaries at the lowest grade of the regular pay scale applicable to regular employees holding the same post, until further orders. Their services shall not 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 chart annexed to the communication dated 24.01.2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Zilla Parishads or contractors must assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in installments. The Court held that the Principal Employer (Zilla Parishad) should directly make payments to the contractual drivers via bank transactions to prevent contractors from withholding wages, without this establishing an employer-employee relationship with the Zilla Parishad. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, or death. If terminated or disengaged, drivers are at liberty to raise industrial disputes. The Court clarified that its conclusions would not prevent the State Government from framing a scheme. Finally, the Court directed that the Principal Employer can adjust these direct salary payments against the bills of the contractors.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their minimum salaries at the lowest grade of the regular pay scale until further orders, and whether their services can be terminated without leave of the Court (Section 2(11) of the Contract Labour (Regulation and Abolition) Act, 1970, and principles of natural justice). 2. Whether the Zilla Parishads, as principal employers, should directly pay the salaries of the contractual ambulance drivers, considering the non-payment by contractors. 3. Whether the contractual employees should be protected from replacement by new contractual employees, and if so, under what conditions. Arguments for Petitioners: The petitioners argued that they have not been paid for extended periods, causing severe hardship. They contended that the Zilla Parishads, as principal employers, should be directed to pay them directly, especially since contractors have failed to do so. They also sought protection against arbitrary termination and replacement. Arguments for Revenue/State: The State, through its communications, acknowledged the issue and directed Zilla Parishads to provide details for salary payments. The State's stance, as reflected in the court's directions, was to ensure payment of salaries and to manage the contractual arrangements.