Juber Jamir Shaikh And Another vs. The State Of Maharashtra And Others

Facts

This judgment consolidates numerous writ petitions filed by ambulance drivers and their unions against the State of Maharashtra and others. The petitioners, employed as contractual ambulance drivers, alleged non-payment of salaries for periods ranging from 12 to 15 months. The State, through the Directorate of Health Services, issued a communication on January 24, 2023, to Zilla Parishads requesting details of salaries payable to contractual drivers, including GST, and the quantum of funds required for direct payment. The court noted that contractors had deployed these drivers, and their contracts were subsequently terminated. The Zilla Parishads were directed to submit details of unpaid salaries within ten days and the Directorate of Health Services was expected to initiate steps for monthly salary payments from March 2023.

Held

The Court held that the contractual ambulance drivers are entitled to receive their unpaid salaries. It directed that the minimum pay scale at the lowest grade of regular employees holding the same post should be paid to the petitioners until further orders. The services of the petitioners shall not be terminated without leave of the Court, solely concerning their contractual employment. The Zilla Parishads were directed to intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten days, using the format provided in the communication dated January 24, 2023. The Directorate of Health Services was expected to initiate steps to ensure monthly salary payments from March 2023. The Court also directed that the Principal Employer (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 Court further directed the Principal Employer to 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. For terminated or disengaged drivers, the liberty to raise an industrial dispute under the Industrial Disputes Act, 1947 was affirmed. The Court also clarified that its conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi. Finally, the Principal Employer can adjust these direct salary payments against the bills of the Contractors and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their unpaid salaries, and if so, from whom and in what manner? (Mixed question of law and fact, concerning contractual obligations and payment of wages). 2. Whether the Principal Employer (Zilla Parishad) should directly pay the salaries of these contractual drivers, bypassing the contractors? (Question of law, concerning employer responsibilities and contractual arrangements). 3. What is the appropriate procedure for dealing with the termination or disengagement of these contractual ambulance drivers? (Question of law, concerning employment rights and industrial disputes). Petitioner's Arguments: The petitioners argued for the payment of their outstanding salaries, highlighting the prolonged period of non-payment. They sought directions for direct payment by the Principal Employer to ensure they receive their dues, given the alleged non-compliance by contractors. Revenue/State's Arguments: The State acknowledged the issue through its communication dated January 24, 2023, indicating a willingness to address the salary payments. The State's stance, as reflected in the communication, was to gather details to facilitate direct payment by Zilla Parishads. The judgment does not explicitly record arguments from the State on the legal intricacies of the contractual relationship or the GST implications.