Arun Uddhav Madke And Others vs. The State Of Maharashtra Thr Its Secretary And Others

Facts

The petitioners are contractual ambulance drivers engaged through contractors by various Zilla Parishads in Maharashtra. They have not been paid their salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication on January 24, 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 asked to fill a specific format/chart. The petitions were filed challenging the non-payment of salaries and seeking directions for their disbursement. The Court considered the communication from the Joint Director and the plight of the drivers.

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 shall not be terminated without leave of the Court, solely in relation to their contractual employment. The concerned Zilla Parishads are to intimate the quantum of unpaid salaries to the Joint Director of Health Services within 10 days. The Directorate of Health Services is expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Principal Employer (Zilla Parishad or Contractor) must assess arrears from the filing of the writ petitions and make payments, if not lump-sum, then in twelve equated monthly installments. The service conditions applicable to the petitioners shall 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 be given to previously engaged drivers if replacements are necessary. The Principal Employer is directed to directly make payments to the drivers via bank transfers to prevent non-payment by contractors. The judgment noted that this direct payment would not establish an employer-employee relationship between the drivers and the Zilla Parishad/Principal Employer. Drivers terminated or disengaged are at liberty to raise industrial disputes. The Court also clarified that its conclusions in a previous case would not prevent the State Government 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 contractors' bills and service charges.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by contractors? Petitioner's arguments: The petitioners argued that they have been working for extended periods without receiving salaries, causing significant hardship. They contended that the State and Zilla Parishads have a responsibility to ensure their wages are paid, especially when the scheme involves public services. They relied on principles of natural justice and the need for a functional ambulance service. Revenue/State's arguments: The State and Zilla Parishads acknowledged the issue of non-payment and provided communications indicating steps to address it. They submitted details regarding the process of fund allocation and payment. The judgment does not explicitly record arguments from the revenue/state regarding the legal entitlement of direct payment beyond their procedural responses.