Samadhan Sanjay Chaudhari And Others vs. The State Of Maharashtra Through Its Secretary And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging their disengagement and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for ambulance services, and their contracts were terminated, leading to a period of unpaid wages ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the quantum of funds required. The petitions also involved issues related to the contractual employment of these drivers and the potential for their replacement.

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 were not to be terminated without leave of the Court, solely based on their contractual employment. The concerned Zilla Parishads were directed to 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 steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishads or contractors would have to make assessments of arrears and pay them, if not in lump sum, then in twelve equated monthly installments. The service conditions applicable to the petitioners would be maintained as long as the scheme lasts, and contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, death, etc. The principal employer was directed to make payments directly via bank transactions to prevent non-payment by contractors. The Court also clarified that the petitioners could raise industrial disputes if terminated or disengaged and that the State Government could frame schemes in line with Supreme Court judgments. Payments made directly to drivers would be adjusted against contractor bills.

Key Issues

1. Whether the contractual ambulance drivers, engaged through contractors, are entitled to receive their salaries directly from the principal employer (Zilla Parishad) in light of non-payment by contractors and termination of contracts, and what is the appropriate mechanism for such payment, considering the provisions related to contractual employment and the welfare of workers? Petitioner's contention: The petitioners argued for direct payment of salaries by the principal employer due to non-payment by contractors and the termination of their services, seeking to ensure their livelihood. They relied on principles of worker welfare and judicial pronouncements concerning contractual employment. Revenue's contention: The judgment does not explicitly record arguments from the revenue or state on this specific issue, but the context implies their role in facilitating payments and managing contractual arrangements.