Santosh Prakash More vs. The State Of Maharashtra And Others

Facts

A batch of writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries by Zilla Parishads and contractors. The petitioners had been engaged through contractors for providing ambulance services. They alleged that their services were terminated without notice and that they had not been paid salaries for periods ranging from 12 to 15 months. The petitions also involved directions regarding the payment of GST on salaries. The State of Maharashtra, through the Joint Director of Health Services, had issued communications regarding the payment of salaries and the inclusion of GST. The Court was considering the contractual employment of these drivers and the financial implications for the Zilla Parishads.

Held

The Court directed that the petitioners, as contractual ambulance drivers, shall be paid minimum wages at the lowest grade of the regular pay scale applicable to regular employees holding the same post, until further orders. Their services were also protected from termination without leave of the Court, specifically concerning their contractual employment. The Court mandated that the concerned Zilla Parishads must intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within 10 days, using the format provided in a communication dated January 24, 2023. Furthermore, the Directorate of Health Services was expected to initiate immediate steps to ensure monthly salaries are paid from March 2023. The Court also noted that contractors' future bills would not be cleared without court leave. The agency (Zilla Parishad or Contractor) was directed to assess arrears from the filing dates of the writ petitions and make payments, either lump-sum or in installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct or other valid reasons, and preference should be given to previously engaged drivers if replacement is necessary. The Principal Employer was directed to directly pay salaries via bank transfers to prevent contractors from withholding wages.

Key Issues

1. Whether the contractual ambulance drivers are entitled to be paid minimum wages at the lowest grade of the regular pay scale applicable to regular employees holding the same post, pending further orders in their writ petitions? 2. Whether the services of the petitioners can be terminated without leave of the Court, in relation to their contractual employment? 3. Whether the Zilla Parishads are obligated to intimate the Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries of these ambulance drivers, and if so, within what timeframe? Petitioner's Arguments: The petitioners argued that they were entitled to be paid minimum wages and that their services should not be terminated arbitrarily. They sought directions for the payment of their outstanding salaries and for their continued employment. They relied on various Supreme Court judgments concerning contractual employment and minimum wages. Revenue/State's Arguments: The State contended that the Zilla Parishads were responsible for intimating the quantum of unpaid salaries and that steps were being initiated to ensure timely payment of salaries. They also highlighted the communication from the Joint Director of Health Services regarding the format for submitting salary details, including GST.