Dinesh Babarao Hambarde And Another vs. The State Of Maharashtra Through Its Secretary And Others

Facts

The petitioners are contractual ambulance drivers engaged through contractors by Zilla Parishads. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on January 24, 2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required. The Zilla Parishads were called upon to state the funds needed for monthly salaries. The Court considered the non-payment of salaries and the communication from the State.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post shall be paid to the petitioners until further orders. Their services were also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court noted that the Zilla Parishads would intimate the Joint Director of Health Services about the quantum of unpaid salaries. The Zilla Parishads were directed to fill in a specific chart annexed to the communication dated January 24, 2023, and submit it 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 contractors' future bills would not be cleared without court leave. The agency (Zilla Parishad or Contractor) must assess arrears from the filing of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The Court also provided directions regarding service conditions, non-replacement by new contractual employees, direct payment by the Principal Employer, and the liberty to raise industrial disputes if terminated. The Court clarified that its directions would not impede the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi. Finally, the Court directed that payments made directly to contractual employees could be adjusted against contractors' bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their unpaid salaries, considering the communication from the State of Maharashtra and the prolonged period of non-payment? Petitioner's contention: The petitioners argued that they have not been paid salaries for extended periods and that the State's communication indicates an acknowledgment of the issue and a process for resolution. They sought directions for payment of arrears and future salaries. Revenue/State's contention: The State, through its communication, acknowledged the need to collect details regarding unpaid salaries and the required funds, implying a process for addressing the issue. The judgment does not record specific arguments from the revenue regarding the legal entitlement to salaries beyond the procedural aspects.