Amin Dilavarkha Pathan vs. The State Of Maharashtra And Others

Facts

Multiple writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries by Zilla Parishads, who engaged them through contractors. The drivers had been working for periods ranging from 12 to 15 months without receiving their wages. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST, and the format for detailing unpaid salaries. The Zilla Parishads were called upon to provide details of funds required for monthly salaries. The petitions also addressed the issue of contractual employment and potential termination.

Held

The Court directed that the contractual ambulance drivers shall be paid minimum salaries at the lowest grade of the regular pay scale until further orders. Their services were not to be terminated without leave of the Court, solely based on their contractual employment. The Court mandated that the concerned Zilla Parishads would intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within ten days, 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 also directed that the Zilla Parishads or the Principal Employer would make payments directly to the drivers via bank transfers, which would be adjusted against contractor bills and service charges. The Court clarified that these directions would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi, and that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. The Court also noted that drivers terminated or disengaged could raise industrial disputes.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their minimum salaries at the lowest grade of the regular pay scale until further orders, considering their prolonged non-payment of wages? (Question of law and fact). 2. Whether the services of these contractual drivers can be terminated without the leave of the Court, solely based on their contractual employment status? (Question of law). 3. Whether the Zilla Parishads or the Principal Employer should directly make payments to the contractual ambulance drivers, and how such payments should be adjusted against contractor bills? (Question of law and fact). Petitioner's arguments: The petitioners argued for the direct payment of salaries and continuation of their services, citing the non-payment for extended periods and the need for a stable income. They relied on Supreme Court judgments concerning contractual employment and wage payments. Revenue's arguments: The State of Maharashtra, through its various departments and Zilla Parishads, was primarily concerned with the procedural aspects of salary disbursement and the financial implications. They provided communications and formats for reporting salary details, including GST.