Yogesh Baban Patil And Anr vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

Multiple writ petitions were filed by ambulance drivers challenging the termination of their services and non-payment of salaries by contractors engaged by Zilla Parishads. The drivers had been engaged through contractors for services like operating ambulances. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, directing Zilla Parishads to submit details of salaries payable to contractual drivers, including GST, and to indicate the funds required for monthly salaries. The Court noted that the petitioners had not been paid salaries for periods ranging between 12 to 15 months. The judgment also references a communication from the Joint Director of Health Services to District Health Officers concerning unpaid salaries.

Held

The Court directed that the Petitioners be paid minimum pay scales at the lowest grade extended to 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 acknowledged the non-payment of salaries for 12 to 15 months and directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within ten days, using the format provided in the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishad or Contractor assess arrears from the writ petition filing dates and make payments, if not lump-sum, then in twelve equated monthly installments. The Court held that the Principal Employer could adjust these direct salary payments against the bills of the contractors and service charges. The judgment also clarified that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the contractual ambulance drivers are entitled to be paid salaries directly by the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? The petitioners argued that due to the non-payment of salaries by contractors, the Principal Employer should directly disburse their wages. They relied on the principle that the employer ultimately benefits from the services rendered. The revenue/State contended that the engagement was through contractors, and the primary obligation lay with the contractors. However, the State's communication dated January 24, 2023, indicated a willingness to address the salary issue. 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court during the pendency of their writ petitions? The petitioners sought protection against termination of their services pending the resolution of their petitions. The revenue/State did not appear to have made specific arguments on this point in the provided excerpt, but the court's directions address it.