Feroj Sherkhan Pathan vs. The State Of Maharashtra And Others

Facts

A batch of writ petitions were filed by contractual ambulance drivers challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by various Zilla Parishads in Maharashtra. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and the need for Zilla Parishads to provide details of funds required. The Zilla Parishads were directed to submit a chart detailing unpaid salaries to the Joint Director of Health Services within 10 days. The Court noted that contractors had deployed these drivers, and their contracts were terminated. The Zilla Parishads or contractors were to assess arrears from the filing dates of the writ petitions and make payments, potentially in installments.

Held

The Court directed that the minimum pay scale at the lowest grade of regular employees holding the same post shall be paid to the petitioners until further orders. Their services were not to be terminated without leave of the Court, solely concerning their contractual employment. The Zilla Parishads were directed to intimate the quantum of unpaid salaries to the Joint Director of Health Services within 10 days, using a specified chart. The Directorate of Health Services was expected to ensure monthly salaries commence from March 2023. Payments were to be made directly by the Principal Employer (Zilla Parishad) to the drivers' bank accounts, not to be construed as establishing an employer-employee relationship with the Zilla Parishad. Arrears were to be assessed from the filing dates of the writ petitions and paid, if not lump-sum, in twelve equated monthly installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, or death. The judgment also noted that the State Government could frame a scheme in light of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court explicitly left undecided the broader issue of regularization of contractual employees.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) in light of the non-payment by contractors, and what is the appropriate mechanism for such payment? Petitioner's contention: The petitioners argued for direct payment of salaries by the Zilla Parishads, citing non-payment by contractors and the need for immediate relief. They relied on principles of natural justice and established labor jurisprudence to ensure their livelihood. Revenue/State's contention: The State and Zilla Parishads were expected to provide details of funds required and initiate steps for salary payment. The judgment indicates the State's involvement in facilitating the payment process, including the GST component, as evidenced by the communication from the Joint Director of Health Services.