Umesh Narayan Sarvade vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

Multiple 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 Zilla Parishads. 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 sought directions for the payment of their outstanding salaries and for their services not to be terminated without court leave. 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 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 also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court noted that the Zilla Parishads had not paid salaries for 12 to 15 months and directed them to intimate the Joint Director of Health Services about the quantum of unpaid salaries within 10 days, using a specified chart. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that contractors' future bills would not be cleared without court leave. The Zilla Parishads or contractors were to assess arrears from the filing dates of the petitions and make payments, either lump-sum or in installments. The Court held that the Principal Employer should directly make payments to contractual ambulance drivers via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer for sham contract allegations. The Court also clarified that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court also directed that the Principal Employer could adjust these direct payments against contractors' bills and service charges.

Key Issues

1. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of contractual ambulance drivers, including GST, and to provide the quantum of funds required for such payments. - Petitioners argued that their salaries were not being paid by contractors and sought direct payment from the Zilla Parishads. They relied on the principle of ensuring payment of wages to contractual employees. - The revenue/State contended that the Zilla Parishads were responsible for providing details of salaries and the necessary funds, and that GST was a component to be considered in these payments. 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, particularly in light of non-payment of salaries. - Petitioners sought protection against termination of their contractual employment due to non-payment of dues. - The revenue/State's position on this aspect is not explicitly recorded, but the court's subsequent directions imply a need for court permission for termination.