Darasing Hiralal Rathod vs. The State Of Maharashtra And Others

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 or directly by Zilla Parishads. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries, including GST. The Zilla Parishads were asked to provide details of funds required for monthly salaries. The core issue revolved around the non-payment of wages to these contractual employees, leading to their grievances before the High Court.

Held

The Court directed that the contractual ambulance drivers shall be paid salaries at par with the minimum pay scale of regular employees holding the same post until further orders. Their services were not to be terminated without leave of the Court, solely concerning their contractual employment. The Court noted that the Zilla Parishads were to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within 10 days, using a specified chart. 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 Zilla Parishads or contractors would assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in installments. The Court further directed that the Principal Employer (Zilla Parishad or Contractor) would directly make payments to the drivers via bank transfers, which would not establish an employer-employee relationship with the Zilla Parishad. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. Any terminated or disengaged drivers were at liberty to raise industrial disputes. The Court also noted that the State Government could frame a scheme as per the judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries, including GST, for the period they have rendered services, and if so, what is the mechanism for payment? Petitioner's contention: The petitioners argued that they have been engaged as contractual ambulance drivers and have performed their duties diligently. They contended that their salaries, which include GST, have not been paid for extended periods, causing them financial hardship. They sought directions for the immediate release of their unpaid wages. Revenue/State's contention: The State and Zilla Parishads were involved in the process of salary disbursement, including the consideration of GST. Their contentions, as reflected in the court's directions, suggest an acknowledgment of the salary obligation and the need for a structured payment mechanism. The judgment indicates that the State had issued communications and sought details regarding salary payments, implying a procedural engagement with the issue.