Kisan Laxman Borkar vs. The State Of Maharashtra Through Its Secretary And Others

Facts

These writ petitions were filed by contractual ambulance drivers engaged through contractors by various Zilla Parishads in Maharashtra. The petitioners alleged non-payment of salaries for periods ranging from 12 to 15 months, despite rendering services. The petitions also highlighted issues concerning the termination of their contractual employment and the non-payment of bills by the Zilla Parishads to the contractors, which in turn affected the drivers' salaries. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the submission of details by Zilla Parishads. The court was seized with multiple writ petitions and contempt petitions related to these grievances.

Held

The Court directed that the minimum pay scale at the lowest grade of regular employees holding the same post should be paid to the petitioners until further orders. It was also held that their services should not be terminated without leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads would intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries, 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 further directed that the Zilla Parishad or Contractor would assess arrears from the filing dates of the writ petitions and make payments in a staggered manner if not in lump sum. The Court also directed the Principal Employer to directly make payments to the contractual ambulance drivers via bank transactions, clarifying this would not establish an employer-employee relationship with the Zilla Parishad. It was also noted that if any drivers were terminated or disengaged, they were at liberty to raise an industrial dispute under the Industrial Disputes Act, 1947.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, given the non-payment by contractors? 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, especially when their salaries remain unpaid? 3. What is the appropriate mechanism for ensuring the payment of arrears of salaries to these drivers? Petitioner's arguments: The petitioners contended that they have been working for extended periods without receiving their salaries, and the contractors are not making payments. They argued that the Zilla Parishads, as the principal employers, have a responsibility to ensure their wages are paid. They also argued that their services should not be terminated without proper recourse, especially given the outstanding salary dues. They relied on various Supreme Court judgments concerning contractual employment and payment of wages. Revenue/State's arguments: The State acknowledged the issue of non-payment of salaries and had issued communications to Zilla Parishads seeking details and proposing a payment mechanism. The State's stance was to facilitate the payment of salaries to the drivers.