Shaikh Noor Shaikh vs. The State Of Maharashtra Through Its Secretary And Others

Facts

This case consolidates multiple writ petitions filed by contractual ambulance drivers against the State of Maharashtra and its various authorities. The petitioners were engaged through contractors for Zilla Parishads and had not been paid salaries for periods ranging from 12 to 15 months. The State, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the inclusion of GST. The petitioners sought directions for the payment of their outstanding salaries and continuation of their services. The Zilla Parishads were directed to provide details of salaries payable, including GST, and the quantum of funds required.

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid the minimum pay scale at the lowest grade of regular employees holding the same post until further orders. Their services were also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court further directed that the concerned Zilla Parishads would intimate the Joint Director of Health Services about the quantum of unpaid salaries, and the chart annexed to a communication dated 24.01.2023 would be filled and submitted within ten days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also held that the Zilla Parishad or Contractor would have to assess arrears from the filing dates of the writ petitions and make payments, possibly in installments. The Court also directed that the Principal Employer (Zilla Parishad) should directly make payments to the contractual drivers via bank transfers, and this would not establish an employer-employee relationship with the Zilla Parishad. The Court also clarified that its directions would not prevent the State Government from framing a scheme under the judgment of Secretary, State of Karnataka v/s Umadevi, if desired.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive minimum pay scale at the lowest grade of regular employees holding the same post until further orders? 2. Whether the services of the petitioners can be terminated without leave of the Court in relation to their contractual employment? 3. Whether the Zilla Parishads should directly pay the salaries of these contractual drivers? Petitioner's arguments likely centered on their right to receive timely wages, the unfairness of non-payment, and the need for direct payment to ensure their livelihood, referencing principles of natural justice and labor laws. The Revenue/State's arguments, as inferred from the court's directions, likely involved the complexities of contractual employment, the role of contractors, and the process of fund allocation and disbursement, including the applicability of GST.