Kishor Gopal Kolte And Others vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers and others 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 communications regarding the payment of salaries, including GST, and the need for Zilla Parishads to provide details of funds required. The petitioners sought directions for payment of their outstanding salaries and regularization of their services. The Zilla Parishads were directed to submit details of unpaid salaries and the required funds.

Held

The Court directed that the 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 also protected against termination without leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads must intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within ten days, using a specified chart. Furthermore, the Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. Arrears of payments from the dates of filing the writ petitions were to be assessed by the agency (Zilla Parishad or Contractor) and paid, if not in lump sum, then in twelve equated monthly installments. The Court also directed the Principal Employer (Zilla Parishad or Rugna Kalyan Samiti) to directly make payments to the contractual drivers via bank transfers, which would not establish an employer-employee relationship for the purpose of alleging a sham contract. The Court also clarified that if any contractual drivers were terminated or disengaged, they could raise an industrial dispute. The judgment also noted that the State Government could frame a scheme in view of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The amounts paid directly would be adjusted against the contractors' bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive minimum pay scales at the lowest grade applicable to regular employees holding the same post, pending further orders in their writ petitions? 2. Whether the services of the petitioners can be terminated without leave of the Court, solely in relation to their contractual employment? 3. Whether the Zilla Parishads should directly pay the salaries of the contractual ambulance drivers, and how should arrears be assessed and paid? Petitioner's arguments likely centered on the right to receive timely wages for services rendered, the unfairness of non-payment, and the need for the court to intervene to ensure their livelihood. They would have argued for direct payment by the principal employer to avoid contractor defaults and for the continuation of their services. The Revenue/State's arguments, as indicated by the court's directions, would have focused on the process of payment, the assessment of arrears, and the mechanism for ensuring future payments, including the role of Zilla Parishads and the Directorate of Health Services. The judgment does not explicitly detail the Revenue's arguments on the entitlement to pay scales or termination, but implies a procedural approach to resolving the payment issues.