Maula Husan Tamboli vs. The State Of Maharashtra And Others

Held

The Court directed that the 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 noted that the Zilla Parishads would need to intimate the quantum of unpaid salaries to the Joint Director of Health Services, Mumbai, within 10 days, filling in a chart annexed to a previous communication. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also directed that the Zilla Parishad or Contractor must assess arrears from the filing dates of the writ petitions and make payments, potentially in twelve equated monthly installments. The Court further directed the Principal Employer (Zilla Parishad or State) to directly make payments to the contractual drivers via bank transfers, stating this would not establish an employer-employee relationship for the purpose of deeming the contract sham. The Court also clarified that contractual employees shall not be replaced by new contractual employees, with exceptions for misconduct, misdemeanor, or death, and that previous contractual drivers not currently engaged may be given preference. The Court also noted 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.

Facts

Numerous writ petitions were filed by contractual ambulance drivers engaged through contractors or Zilla Parishads. The petitioners alleged non-payment of salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, had previously communicated on January 24, 2023, requesting details of unpaid salaries and suggesting a format for reporting, which also included GST. The Zilla Parishads were asked to provide the quantum of funds required for monthly salaries. The petitions challenged the termination of their services and the non-payment of dues by the contractors and principal employers.

Key Issues

1. Whether the contractual ambulance drivers are entitled to be paid minimum wages at the lowest grade of the regular pay scale until further orders, and whether their services can be terminated without leave of the Court (Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970, and principles of natural justice). 2. Whether the Zilla Parishads and/or the State are obligated to directly pay the salaries of these contractual drivers, considering the alleged non-payment by contractors. 3. Whether the directions issued in previous judgments, such as in Ashok Dhondiba Meher, are applicable to ensure direct payment of wages. Petitioner's arguments likely centered on the non-payment of wages, the precarious nature of their employment, and the responsibility of the State and Zilla Parishads to ensure their livelihood, citing principles of social justice and relevant Supreme Court judgments. The Revenue/State's arguments, based on the limited information available in the provided text, likely focused on the contractual nature of the employment and the role of contractors in salary disbursement, while also acknowledging the need to address the non-payment issue as indicated by their communication.