Ramesh Babulal Mali vs. The Uion Of INDIA 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 dated 24.01.2023, requesting Zilla Parishads to submit details of salaries payable, including GST, and the quantum of funds required for monthly payments. The Zilla Parishads were directed to fill a specific chart annexed to this communication. The Court is addressing multiple writ petitions filed by these drivers seeking payment of their dues and continuation of their services.

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same ambulance driver post shall be paid to the Petitioners until further orders. Their services shall not be terminated without leave of the Court, solely in relation to their contractual employment. The concerned Zilla Parishads are to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated 24.01.2023. The Directorate of Health Services is expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Agency (Zilla Parishad or Contractor) must assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in twelve equated monthly installments. The service conditions applicable to the Petitioners will be maintained as long as the scheme lasts. Contractual employees shall not be replaced by new contractual employees, except in cases of misconduct, misdemeanor, death, or other valid reasons, with preference to previously engaged drivers if replacements are necessary. The Principal Employer (Zilla Parishad) is directed to directly make payments to the contractual ambulance drivers via bank transactions to prevent contractors from withholding wages, without this establishing an employer-employee relationship. Disengaged drivers are at liberty to raise industrial disputes. The Court noted that the State Government may frame a scheme in view of the judgment in Secretary, State of Karnataka v/s Umadevi (supra). Payments made by the Principal Employer can be adjusted against contractor bills and service charges.

Key Issues

1. Whether the Petitioners, as contractual ambulance drivers, are entitled to receive their unpaid salaries for periods ranging between 12 to 15 months, and if so, what is the mechanism for such payment? Petitioner's contention: The petitioners argued that they have not been paid their salaries for extended periods and sought directions for payment. They relied on the communication from the Joint Director of Health Services and the need for timely payment of wages. Revenue/State's contention: The State, through its communications and the involvement of Zilla Parishads, indicated a process for assessing and disbursing unpaid salaries. The court's directions suggest the State acknowledged the issue and was working towards a resolution, albeit with court intervention. The judgment does not explicitly record a specific argument from the Revenue/State against the payment of salaries, but rather outlines the procedural steps and expectations for disbursement.