Vijay Shivdas Bhalerao vs. The State Of Maharashtra And Others

Facts

These writ petitions involve multiple petitioners, primarily contractual ambulance drivers, who have not been paid 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, issued a communication on January 24, 2023, acknowledging the issue and requesting details of unpaid salaries. The Zilla Parishads were directed to fill a specific format detailing the quantum of funds required for monthly salaries. The Court was also considering the termination of contractual employment and the process of payment of salaries.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to 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 would intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten days. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Zilla Parishads or Contractors would assess arrears from the filing dates of the writ petitions and make payments in installments if not in a lump sum. The Court also directed the Principal Employer to directly make payments to the contractual ambulance drivers via bank transactions, which would not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. Petitioners terminated or disengaged were given liberty to raise industrial disputes. The Court also clarified that its directions would not impede the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? (Implied by the facts and arguments). Petitioner's Arguments: The petitioners argued that they have not been paid their salaries for extended periods, causing significant hardship. They sought directions for the payment of their outstanding wages and for their continued employment. They relied on various Supreme Court judgments concerning the payment of wages to contractual employees and the principle of direct payment in cases of contractor default. Revenue/State's Arguments: The State acknowledged the issue of non-payment of salaries and provided a communication outlining a process for Zilla Parishads to report the quantum of unpaid salaries. The State also indicated its willingness to initiate steps to ensure monthly salaries are paid. The State's stance appears to be cooperative in finding a solution for the payment of salaries, while also considering the contractual framework.