Janglu Goma Bhil vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by ambulance drivers challenging the non-payment of salaries for periods ranging from 12 to 15 months. The petitioners were contractual employees engaged through contractors or directly by Zilla Parishads. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, directing Zilla Parishads to submit details of salaries payable to contractual drivers, including GST, and the funds required for monthly payments. The Court noted that the contractors who deployed these drivers had their contracts terminated. The Zilla Parishads were directed to fill a chart detailing unpaid salaries and submit it to the Joint Director of Health Services within 10 days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries were paid from March 2023.

Held

The Court directed that the minimum pay scale at the lowest grade of regular employees holding the same post shall be paid to the petitioners until further orders. Their services were not to 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, about the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries were paid from March 2023. The Court also directed that the Zilla Parishad or Contractor would have to make an assessment of arrears from the dates of filing of the writ petitions and make payments, 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. Contractual employees were not to be replaced by new contractual employees. The Principal Employer was directed to directly make payments to the contractual ambulance drivers via bank transactions, which would not be a ground for alleging a sham contract. Petitioners terminated or disengaged were at liberty to raise an industrial dispute. The Court noted that the State Government could frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). The Principal Employer could adjust these direct payments against the bills of the Contractors.

Key Issues

1. Whether the Zilla Parishads or the State Government are liable to directly pay the salaries of the contractual ambulance drivers, considering the termination of contracts with the deploying agencies? 2. What is the appropriate mechanism for ensuring the payment of arrears of salaries to the contractual ambulance drivers? Petitioner's arguments: The petitioners argued that they have not been paid salaries for extended periods and sought directions for payment. They relied on the communication from the Directorate of Health Services indicating the State's intention to address the salary payments. They sought to ensure their continued employment and payment of dues. Revenue/State's arguments: The State, through its communication dated January 24, 2023, indicated a process for collecting details of unpaid salaries and the funds required for direct payment by Zilla Parishads. The Court's directions were based on this communication and the expectation of immediate steps by the Directorate of Health Services to ensure salary payments.