Naresh Prakashrao Deshmukh And Another vs. The State Of Maharashtra Thr Its Secretary And Ohters

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors and deployed by Zilla Parishads. 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 payment of their outstanding salaries and regularization of their employment. The Zilla Parishads were directed to provide details of salaries payable, including GST, and the quantum of funds required for monthly payments.

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 against termination 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 about the quantum of unpaid salaries. The Zilla Parishads were required to fill in a specific chart with details of unpaid salaries 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 the Principal Employer (Zilla Parishad or Contractor) would be responsible for assessing and making payments of arrears, either in lump sum or in twelve equated monthly installments. The Court also clarified that the Principal Employer would directly make payments to the 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 noted that if any contractual drivers were terminated or disengaged, they were at liberty to raise an industrial dispute. The Court also clarified that the State Government could frame a scheme in line with the judgment in Secretary, State of Karnataka v/s Umadevi. The Court also directed that the payments made directly to drivers would be adjusted against the bills of the contractors.

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, considering the non-payment by contractors? - Petitioners argued for direct payment and regularization, citing non-payment of wages and the principle of ensuring minimum wages. They relied on Supreme Court judgments like Ashok Dhondiba Meher. - The State contended that the contractual nature of employment should be maintained and that the issue of regularization is a separate matter, potentially governed by the scheme and the judgment in Secretary, State of Karnataka v/s Umadevi. The State also highlighted the need for clarity on GST implications. 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, solely based on their contractual employment? - Petitioners sought protection against termination without judicial intervention. - The State's position on this aspect is not explicitly recorded in the provided text.