Pradip Nana Kuge And Others vs. The State Of Maharashtra Thr Its Secretary And Others

Facts

The petitioners, contractual ambulance drivers, filed multiple writ petitions challenging the non-payment of their salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through various communications, acknowledged the issue and directed Zilla Parishads to provide details of salaries payable, including GST. The Joint Director of Health Services issued a communication on January 24, 2023, requesting Zilla Parishads to intimate the quantum of unpaid salaries. The Zilla Parishads were also asked to fill a specific chart detailing these amounts. The petitions were filed against the State of Maharashtra and its officials, as well as the Union of India and its officials. The core issue revolved around the non-payment of salaries by contractors who had deployed these drivers.

Held

The Court 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. It was also held that their services should not be terminated without leave of the Court, specifically concerning their contractual employment. The Court acknowledged the communication from the State of Maharashtra dated January 24, 2023, and directed the concerned Zilla Parishads to intimate the Joint Director of Health Services about the quantum of unpaid salaries within ten 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 Zilla Parishad or Contractor would have to assess arrears from the filing dates of the writ petitions and make payments, either in lump sum or in twelve equated monthly installments. The Court also directed the Principal Employer to directly make payments to the contractual ambulance drivers via bank transactions, to avoid allegations of sham contracts. The Court also noted that if any contractual drivers were terminated or disengaged, they were at liberty to raise an industrial dispute under the Industrial Disputes Act, 1947.

Key Issues

1. Whether the contractual ambulance drivers (petitioners) are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) or the State Government, considering the non-payment by the contractors. - Petitioners argued that due to the contractors' failure to pay salaries, the Principal Employer should be directed to make direct payments to ensure their livelihood, citing the principle of ensuring basic wages. - The State contended that the contractual nature of employment and the role of contractors needed consideration, but also acknowledged the need for salary disbursement. 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, solely based on their contractual employment. - Petitioners contended that their services should not be terminated without due process, especially given the ongoing salary disputes and the importance of their role. - The State's position on this aspect is not explicitly recorded in the provided text, but the court's directions suggest a need for court leave for termination.