Bhimrao Govindrao Pathade vs. The State Of Maharashtra And Others

Held

The Court directed that the minimum pay scale at the lowest grade in the regular pay scale extended to regular employees holding the same ambulance driver post shall be paid to the petitioners 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 Joint Director of Health Services, Mumbai, regarding the quantum of unpaid salaries within 10 days, using the chart annexed to the communication dated January 24, 2023. The Directorate of Health Services is expected to initiate immediate steps to ensure monthly salaries are paid starting from March 2023. The Zilla Parishad or Contractor will have to assess arrears from the dates of filing of the Writ Petitions and make payments, either lump-sum or in twelve equated monthly installments. The service conditions applicable to the petitioners will 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 previously engaged drivers if replacements are necessary. The Principal Employer (Zilla Parishad) is directed to directly make payments to the contractual ambulance drivers via bank transactions. These direct payments will not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. Petitioners terminated or disengaged are at liberty to raise industrial disputes. The Court noted that its conclusions in Dhiraj Sudhakarrao Wankhede (supra) would not prevent the State Government from framing a scheme under the judgment in Secretary, State of Karnataka v/s Umadevi (supra). Direct payments by Zilla Parishads or the State Government can be adjusted against contractors' bills and service charges.

Facts

The petitioners are contractual ambulance drivers engaged through contractors by Zilla Parishads. 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 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 Court is considering multiple writ petitions filed by these drivers challenging the non-payment of their salaries and seeking regularization of their services. The judgment also addresses Civil Applications related to these writ petitions.

Key Issues

1. Whether the contractual ambulance drivers, engaged through contractors by Zilla Parishads, are entitled to receive their salaries directly from the Principal Employer (Zilla Parishad) in light of non-payment by contractors? Petitioner's arguments: The petitioners argued that due to the non-payment of salaries by the contractors, they should be paid directly by the Zilla Parishads. They relied on the principle laid down in Ashok Dhondiba Meher (supra) regarding direct payment of wages to contractual employees. They also sought to maintain their service conditions and prevent termination without leave of the court. Revenue/State's arguments: The judgment does not explicitly record arguments from the revenue or state regarding the direct payment of salaries. However, the communication from the Joint Director of Health Services indicates a process for Zilla Parishads to assess and report on unpaid salaries, suggesting an acknowledgment of the issue. The State's involvement in directing Zilla Parishads to provide details and potentially make payments implies a recognition of their role in the contractual arrangement.