Atish Shrihari Kamble And Others vs. The State Of Maharashtra Thr Its Secretary And Others

Facts

The petitioners are contractual ambulance drivers engaged 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 January 24, 2023, requesting 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. The Court is considering multiple writ petitions filed by these drivers challenging the non-payment of their salaries and seeking regularization of their services. The judgment also addresses contempt petitions related to the non-compliance of previous orders.

Held

The Court directed that the minimum pay scale at the lowest grade for 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, solely in relation to their contractual employment. The Court noted that the petitioners have not been paid salaries for 12 to 15 months. It directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also directed that contractors' future bills would not be cleared without leave of the court. Arrears of payments are to be assessed from the dates of filing of the writ petitions and paid in lump sum or in twelve equated monthly installments. The service conditions applicable to the petitioners would be maintained as long as the scheme lasts. Contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, or death. The Principal Employer is directed to directly make payments to the contractual ambulance drivers via bank transactions. The Court also clarified that if any contractual ambulance drivers have been terminated or disengaged, they are at liberty to raise an industrial dispute. The Court also noted that the State Government may frame a scheme in view of the Supreme Court judgment in Secretary, State of Karnataka v/s Umadevi (supra). Finally, the Principal Employer can adjust these direct payments against the contractors' bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their unpaid salaries, and if so, for what period and in what manner, considering their contractual employment and the non-payment by contractors? (Mixed question of law and fact, concerning contractual obligations and labour laws). 2. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of these contractual drivers, especially in light of the contractors' failure to do so? (Question of law, concerning employer responsibilities and contractual arrangements). 3. Whether the services of these contractual drivers should be protected from termination without leave of the Court, and if their service conditions should be maintained as long as the scheme lasts? (Question of law, concerning employment security and contractual terms). Petitioner's Arguments: The petitioners argued that they have not been paid their salaries for extended periods, despite rendering services. They sought directions for the payment of arrears and for their services to be protected from arbitrary termination. They relied on principles laid down by the Supreme Court regarding payment of wages and the employer's responsibility. Revenue/State's Arguments: The State of Maharashtra, through its communications and the Joint Director of Health Services, indicated a process for addressing the salary payments by requiring Zilla Parishads to submit details and fund requirements. The State's stance appears to be facilitating the payment process, acknowledging the issue of non-payment by contractors.