Praful Anil Itkelwar And Ors vs. The State Of Maharashtra And Ors

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for ambulance services. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the inclusion of GST. The petitioners claimed non-payment of salaries for periods ranging from 12 to 15 months. The Zilla Parishads were directed to provide details of salaries payable, including GST, and the quantum of funds required for monthly payments.

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid the minimum pay scale at the lowest grade of the regular pay scale extended to regular employees holding the same post, until further orders. Their services shall not be terminated without the 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 steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Zilla Parishad or Contractor must assess arrears from the filing dates of the writ petitions and make payments, if not in lump sum, then in twelve equated monthly installments. The Court also directed the Principal Employer to directly make payments to the contractual drivers via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. If terminated, drivers are at liberty to raise an industrial dispute. The Court clarified that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under Secretary, State of Karnataka v/s Umadevi. Finally, the Court held that it would be within the domain of the Principal Employer to adjust these direct salary payments against the bills of the Contractors and service charges.

Key Issues

1. Whether the contractual ambulance drivers, engaged through contractors, are entitled to be paid minimum wages at the lowest grade of the regular pay scale applicable to regular employees holding the same post, pending further orders in their writ petitions? 2. Whether the services of these contractual drivers can be terminated without the leave of the Court, solely in relation to their contractual employment? 3. Whether the Zilla Parishads are obligated to directly pay the salaries of these contractual drivers, and if so, how should the arrears be assessed and paid? Petitioner's Contentions: The petitioners argued for the payment of minimum wages and protection against termination without court leave. They also sought direct payment of salaries by the principal employer (Zilla Parishad) to address the issue of non-payment by contractors. Revenue/State's Contentions: The State and Zilla Parishads were involved in the process of assessing salary requirements and the inclusion of GST. The judgment indicates a communication from the State regarding salary payments and the format for submitting details, including GST.