Ganesh Laxman Tidke And Another vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers engaged through contractors by Zilla Parishads in Maharashtra. The petitioners alleged non-payment of salaries for periods 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 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 called upon to provide details of salaries payable, including GST, and the quantum of funds required. The court considered communications from the Joint Director of Health Services dated January 24, 2023, and the need to ensure timely salary payments.

Held

The Court directed that the Petitioners (contractual ambulance drivers) shall be paid the minimum pay scale at the lowest grade applicable to regular employees holding the same post until further orders. Their services were protected from termination without leave of the Court, solely in relation to their contractual employment. The Court noted that the Petitioners had not been paid salaries for 12 to 15 months. It directed the concerned Zilla Parishads to intimate the quantum of unpaid salaries to the Joint Director of Health Services, Mumbai, within 10 days, using a specified chart. 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 Zilla Parishads or contractors would have to make an assessment of arrears from the filing dates of the writ petitions and make payments, if not in lump sum, then in twelve equated monthly installments. The Court also directed the Principal Employer to directly make payments to the contractual 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. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. If any contractual drivers were terminated, they were at liberty to raise an industrial dispute. The Court also noted that the State Government could frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive minimum pay scales at the lowest grade of regular employees holding the same post until further orders? 2. Whether the services of these contractual drivers can be terminated without leave of the court, solely based on their contractual employment? 3. Whether the Zilla Parishads are obligated to directly pay the salaries of these contractual drivers, considering the alleged non-payment by contractors? Petitioner's arguments: The petitioners contended that they have not been paid salaries for extended periods and sought judicial intervention to ensure payment. They argued for the continuation of their services and for direct payment by the principal employer to avoid non-payment by contractors. They relied on principles laid down by the Supreme Court regarding payment of wages. Revenue/State's arguments: The State acknowledged the issue of salary payments and had issued communications to Zilla Parishads. The court considered the State's communication dated January 24, 2023, which outlined a process for intimating unpaid salaries and indicated the inclusion of GST in salary details. The State's position was implicitly that a mechanism for addressing the salary issue was being considered.