Anwar Chandpatel Shaikh And Others vs. State Of Maharashtra Through Its Secretary And Others

Held

The Court directed that the minimum pay scale at the lowest grade applicable to regular employees holding the same post shall be paid to the petitioners 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 petitioners had not been paid salaries for 12 to 15 months. In light of the State's communication dated January 24, 2023, the concerned Zilla Parishads were directed to intimate the Joint Director of Health Services, Mumbai, about the quantum of unpaid salaries within ten days. The Directorate of Health Services was expected to initiate steps to ensure monthly salaries are paid from March 2023. The Court also held that contractors' future bills would not be cleared without court leave. The Zilla Parishads or contractors were directed to assess arrears from the writ petition filing dates and make payments, if not lump-sum, then in twelve equated monthly installments. The Court also directed that contractual employees shall not be replaced by new contractual employees, and the Principal Employer should directly make payments to contractual ambulance drivers via bank transactions. These payments would be adjusted against contractor bills and service charges. The Court also clarified that the judgment would not prevent the State from framing a scheme in view of the Supreme Court's judgment in Secretary, State of Karnataka v/s Umadevi (supra).

Facts

These writ petitions involve numerous petitioners, primarily ambulance drivers, who were engaged through contractors. The petitioners claim non-payment of salaries for periods ranging from 12 to 15 months. The State of Maharashtra, through the Directorate of Health Services, issued a communication on January 24, 2023, to District Health Officers of Zilla Parishads, requesting details of salaries payable to contractual drivers, including GST, and the funds required for direct payment. The Zilla Parishads were asked to provide this information in a specified format. The petitions also concern the termination of contractual employment and the non-clearance of bills of contractors.

Key Issues

1. Whether the Zilla Parishads, as the principal employers, are obligated to directly pay the salaries of the contractual ambulance drivers, considering the non-payment by contractors and the communication from the Directorate of Health Services dated January 24, 2023? Petitioner's contention: The petitioners argued that due to the non-payment of salaries by contractors, the Zilla Parishads, as the principal employers, should be directed to make direct payments. They relied on the communication from the Directorate of Health Services as evidence of the State's acknowledgment of the issue and the need for direct payment. Revenue/State's contention: The State, through its communication, indicated a process for collecting details for potential direct payment, suggesting an acknowledgment of the situation. However, specific arguments from the State regarding their legal obligation or any counter-contention to direct payment were not explicitly detailed in the provided excerpt.