Dipak Parkash Dutte vs. The State Of Maharashtra And Others

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 various Zilla Parishads in Maharashtra. The State of Maharashtra, through the Joint Director of Health Services, had issued a communication on January 24, 2023, requesting Zilla Parishads to provide details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were directed to fill a specific format/chart and submit it to the Joint Director within ten days. The Court was considering the issue of salary payments and the termination of contractual services.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum pay scales at the lowest grade of regular employees holding the same post until further orders. Their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The concerned Zilla Parishads were directed to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries by filling the chart annexed to the communication dated January 24, 2023, 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 also directed that the Principal Employer (Zilla Parishad or Contractor) must make assessments of arrears from the filing dates of the writ petitions and pay them, if not in lump sum, then in twelve equated monthly installments. The service conditions of these petitioners would be maintained as long as the scheme lasts, and contractual employees shall not be replaced by new contractual employees, except in cases of misconduct, misdemeanor, death, or similar reasons, with preference to previously engaged drivers if replacements are necessary. The Principal Employer is directed to make payments directly via bank transactions to prevent allegations of sham contracts. Disengaged drivers are at liberty to raise industrial disputes. The Court noted that its conclusions in Dhiraj Sudhakarrao Wankhede would not impede the State Government 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 receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors. 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, especially when salaries remain unpaid. Petitioner's arguments likely centered on their right to receive earned wages, the failure of the contractual system to ensure timely payments, and the need for direct intervention by the State or Zilla Parishads to secure their livelihood. They would have argued that the contractors' non-payment constitutes a breach of their employment terms and that the State has a responsibility to ensure such essential services are maintained and workers are paid. The Revenue/State's arguments, as indicated by the Court's directions, likely involved acknowledging the issue of non-payment and the need for a mechanism to ensure payments. They might have argued for a structured approach to resolve the payment arrears and future payments, potentially involving the Zilla Parishads directly managing the payroll. The judgment does not explicitly record arguments from the Revenue/State regarding the legal entitlement to direct payment beyond the immediate need to resolve the salary arrears.