Indrasing Gulabsingh Pandhare vs. The State Of Maharashtra Through Its Secretary And Others

Facts

The petitioners, contractual ambulance drivers engaged through contractors by Zilla Parishads, approached the High Court seeking payment of their salaries, which had been outstanding for 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the GST to be levied. The Zilla Parishads were asked to provide details of funds required for monthly salaries. The Court was dealing with multiple writ petitions and contempt petitions concerning the employment and payment of these drivers. The core issue revolved around the non-payment of salaries and the contractual nature of their employment.

Held

The Court held that the Petitioners, as contractual ambulance drivers, are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad or Contractor) or the State Government. The Court directed that the minimum pay scale at the lowest grade in the regular pay scale extended to regular employees holding the same 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 Court also directed the concerned Zilla Parishads to intimate the Joint Director of Health Services about the quantum of unpaid salaries and to fill in a specified chart within 10 days. The Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court further directed that the Principal Employer should directly make payments to these contractual 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 clarified that if any contractual drivers were terminated or disengaged, they are at liberty to raise an industrial dispute. The Court allowed the writ petitions partly, directing that service conditions be maintained as long as the scheme lasts, and contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons. Preference may be granted to previously engaged drivers if replacements are necessary. The Court also noted that the State Government could frame a scheme in view of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi, if desired. The Court also directed that the Principal Employer could adjust these direct payments against the bills of the Contractors and service charges.

Key Issues

1. Whether the Petitioners, as contractual ambulance drivers, are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, given the non-payment by contractors? (Mixed question of law and fact, concerning contractual obligations and employment law). 2. Whether the service conditions of the Petitioners should be maintained as long as the scheme lasts, and if they can be replaced by new contractual employees? (Question of law, concerning contractual employment rights). 3. Whether the Court should direct the Principal Employer to directly make payments to the contractual ambulance drivers, and if such direct payment establishes an employer-employee relationship? (Question of law, concerning the interpretation of employment relationships and contractual payments). Arguments for Petitioners: The petitioners argued for direct payment of salaries by the Principal Employer due to non-payment by contractors, and for the continuation of their service conditions. They relied on Supreme Court judgments concerning contractual employment and payment of wages. Arguments for Revenue/State: The judgment does not explicitly record arguments from the Revenue or State on these specific issues. However, the communications from the Joint Director of Health Services indicate the State's involvement in addressing the salary payment issue and the GST implications.