Sachin Madhukar Jadhav vs. The State Of Maharashtra Thr Its Secretary And Ors

Facts

These writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries. The petitioners were engaged through contractors 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 these contractual drivers, including GST, and the funds required for monthly payments. The Zilla Parishads were asked to provide this information to the Joint Director of Health Services, Mumbai, within ten days. The Court noted that the petitioners had not been paid salaries for periods ranging between 12 to 15 months. The Court also considered a communication dated January 24, 2023, from the Joint Director to District Health Officers.

Held

The Court directed that the minimum pay scale at the lowest grade in the regular pay scale extended to regular employees holding the same ambulance driver post shall be paid to the petitioners until further orders. Their services were also protected from termination without leave of the Court, solely in relation to their contractual employment. The Court directed the concerned Zilla Parishads to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within ten 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 are paid from March 2023. The Court also directed that the Principal Employer (Zilla Parishad or Contractor) must assess and pay arrears of payments from the dates of filing of the Writ Petitions, either in lump sum or in twelve equated monthly installments. The Court further directed that the Principal Employer should directly make payments to the contractual ambulance 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 or Principal Employer. The Court also stated that any contractual ambulance drivers terminated or disengaged are at liberty to raise an industrial dispute under the Industrial Disputes Act, 1947. The Court also noted that the State Government could frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). The Court also directed that the amounts paid directly to employees could be adjusted against the bills of the Contractors and service charges.

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? (This issue arises from the facts and the subsequent directions issued by the Court). Petitioner's arguments (inferred from the Court's directions): The petitioners argued that they have not been paid salaries for extended periods and that their services have been terminated. They sought intervention from the Court to ensure payment of arrears and continued employment. They relied on principles of natural justice and the obligation of the State to ensure welfare of its workers. Revenue/State's arguments (inferred from the Court's directions and communications): The State, through its communication dated January 24, 2023, indicated a willingness to address the salary issue by directing Zilla Parishads to provide details for direct payment. This suggests an acknowledgment of the problem and a procedural step towards resolution, implying that the State was amenable to finding a mechanism for payment.