Padmakar Kondiba Rahire And Others vs. The State Of Maharashtra Thr Its Secretary And Others

Held

The Court directed that the petitioners (contractual ambulance drivers) shall be paid minimum pay scales at the lowest grade of the regular pay scale extended 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 needed to intimate the Joint Director of Health Services about the quantum of unpaid salaries within 10 days. 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 Parishads or contractors would have to make assessments of arrears from the dates of filing of the writ petitions and pay them, either in lump-sum or in twelve equated monthly installments. The Court further directed that the Principal Employer (Zilla Parishad or Contractor) should directly make payments to the contractual ambulance drivers via bank transactions, which would not be a ground for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. If terminated, drivers were at liberty to raise industrial disputes. The Court also clarified that its directions would not prevent the State Government from framing a scheme under the judgment of Secretary, State of Karnataka v/s Umadevi (supra). Finally, the Principal Employer was permitted to adjust these direct payments against the bills of the contractors and service charges.

Facts

These writ petitions were filed by contractual ambulance drivers challenging the termination of their services and non-payment of salaries for periods ranging from 12 to 15 months. The petitioners were engaged through contractors by Zilla Parishads. 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 Zilla Parishads were called upon to provide details of funds required for monthly salaries. The Court considered the issue of unpaid salaries and the process for their disbursement, including the role of contractors and principal employers.

Key Issues

1. Whether the contractual ambulance drivers are entitled to receive their minimum salaries until further orders, considering their prolonged non-payment and termination of services? Petitioner's contention: The petitioners argued that they have not been paid salaries for extended periods and their services have been terminated without justification. They sought directions for payment of arrears and continuation of their employment. Revenue's contention: The State of Maharashtra, through its various departments and Zilla Parishads, was involved in the process of salary disbursement and had issued communications regarding the same. The specific arguments of the revenue are not detailed in the provided excerpt, but their involvement implies a defense or explanation regarding the payment mechanisms and contractual arrangements.