Shivshankar Motiram Waipankar And Another vs. The State Of Maharashtra And Others

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post should be paid to the petitioners until further orders. Their services were also protected from termination without the leave of the Court, specifically concerning their contractual employment. The Court noted that the Zilla Parishads were 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 filing dates of the writ petitions and make payments, either in lump-sum or in twelve equated monthly installments. The Court partly allowed the writ petitions, directing that the service conditions applicable to the petitioners would be maintained as long as the scheme lasts, and contractual employees would not be replaced by new contractual employees without leave, except in cases of misconduct, misdemeanor, death, or other valid reasons. Preference was to be given to previously engaged contractual drivers if replacements were necessary. The Court further directed the Principal Employer to directly make payments to the contractual ambulance drivers via bank transactions, which would not be grounds for alleging a sham contract or establishing an employer-employee relationship with the Zilla Parishad. Petitioners terminated or disengaged were at liberty to raise industrial disputes. The Court also clarified that the State Government could frame a scheme in view of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi (supra). Finally, the Court directed that the amounts paid directly to the employees could be adjusted against the bills of the contractors and service charges.

Facts

Multiple writ petitions were filed by contractual ambulance drivers engaged through contractors by various Zilla Parishads in Maharashtra. 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 issued communications regarding the payment of salaries and the inclusion of GST. The Zilla Parishads were called upon to provide details of salaries payable, including GST, and the quantum of funds required. The Court was considering the issue of direct payment of salaries to these drivers and the termination of their services.

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 contractors and the relevant communications from the Directorate of Health Services? 2. Whether the services of the contractual ambulance drivers can be terminated without leave of the Court, particularly in light of their prolonged non-payment of salaries? Petitioner's Arguments: The petitioners argued that they had not been paid salaries for extended periods and sought direct payment from the authorities responsible for the ambulance services. They relied on communications from the State and the principle of ensuring payment of wages to contract workers. Revenue/State's Arguments: The State and Zilla Parishads were expected to provide details regarding salary payments, including GST, and the required funds. The judgment indicates that the State had issued communications directing the Zilla Parishads to assess and report on unpaid salaries.