Balram Vishnu Salunke vs. The State Of Maharashtra And Others

Held

The Court directed that the petitioners (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 the leave of the Court, solely in relation to their contractual employment. The Court noted that the Zilla Parishads need to intimate the Joint Director of Health Services about the quantum of unpaid salaries, using the chart annexed to the communication dated 24.01.2023, within 10 days. The Directorate of Health Services is expected to initiate steps for monthly salary payments from March 2023. The Court also directed that the Zilla Parishads or contractors must make assessments of arrears from the filing dates of the writ petitions and pay them, either lump-sum or in twelve equated monthly installments. The Court further directed the Principal Employer (Zilla Parishad or Rugna Kalyan Samiti) to directly make payments to the drivers via bank transactions, which would not establish an employer-employee relationship with the Zilla Parishad or Principal Employer. The judgment also clarified that the conclusions in Dhiraj Sudhakarrao Wankhede would not prevent the State from framing a scheme under the Umadevi judgment. The Court explicitly left undecided the question of whether the contract is sham and bogus, and whether an employer-employee relationship is established.

Facts

The petitioners are contractual ambulance drivers engaged through contractors by various Zilla Parishads in Maharashtra. They have not been paid salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Joint Director of Health Services, issued a communication dated 24.01.2023, 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 Court is addressing multiple writ petitions concerning these unpaid salaries and the termination of contractual employment.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their unpaid salaries, and if so, what is the mechanism for payment? (This issue arises from the non-payment of salaries for extended periods). 2. Whether the services of the petitioners can be terminated without leave of the Court, considering their contractual employment? (This issue relates to the termination of their services). 3. Whether the Zilla Parishads or the contractors are responsible for the payment of salaries and GST, and how should this be managed? (This issue stems from the State's communication and the contractual arrangements). Petitioner's arguments: The petitioners argue that they have not been paid for a significant period and their services are being terminated without proper recourse. They seek direction for payment of their arrears and continuation of their employment. Revenue/State's arguments: The judgment does not explicitly record arguments from the revenue or state on these specific legal questions. However, the State's communication indicates an attempt to address the salary payment issue by seeking details from Zilla Parishads.