Santosh Vasantrao Charlewar And Ors vs. The Zilla Parishad Chandrapur Thr Its Chief Ex. Officer 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 a communication on January 24, 2023, requesting Zilla Parishads to provide details of unpaid salaries and the funds required for monthly payments. The Zilla Parishads were also asked to submit a specific format/chart including GST to be levied on salaries. The court was dealing with numerous petitions concerning these contractual drivers and their employment conditions.

Held

The Court directed that the Petitioners be paid salaries at the minimum pay scale of the lowest grade applicable 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 noted that the Zilla Parishads would need to intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten days, using the chart annexed to 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 any payments made by the Zilla Parishad or Contractor would be assessed for arrears from the filing of the writ petitions and paid in installments if not in a lump sum. The Court explicitly stated that the directions regarding contractual employment would be restricted to the working of the drivers, and termination could occur for misconduct, misdemeanor, death, or other valid reasons, with liberty to seek services of new drivers. It also noted that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State Government from framing a scheme under Secretary, State of Karnataka v/s Umadevi.

Key Issues

1. Whether the Zilla Parishads, as principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, considering the non-payment by contractors? 2. What is the appropriate minimum pay scale and service conditions for these contractual drivers until further orders? 3. Whether the services of these contractual drivers can be terminated without leave of the court, solely based on their contractual employment? The Petitioners argued that they have not been paid salaries for extended periods and sought directions for direct payment by the principal employer. They also sought to maintain their service conditions and prevent termination without court intervention. The Revenue/State contended, through communications and the involvement of the Joint Director of Health Services, that the issue of salary payment and the mechanism for it, including GST implications, were being addressed. They provided a format for reporting unpaid salaries and required funds.