BEST ex-employees battle for Rs.600-crore dues
MUMBAI, June 24 -- After dedicating over three decades of their life to Mumbai's public transport undertaking BEST, Ajay Naik and Nitin Herlekar pictured a secure retirement, with plans of investment and a chance to focus on their families. However, their dreams went for a toss after BEST, citing financial difficulties, failed to pay retirement benefits to its employees.
Forced to once more take recourse to the judiciary, 127 retired employees, including ex-chief engineers and ex-assistant general managers, approached the Bombay high court in April 2023 against BMC and BEST for violating their statutory obligations, which included non-payment of encashment of balance leave at the time of retirement, pending bills of encashment of leave while in employment, leave travel assistance, payment of difference in pay scales from December 2020, and payment of the ex-gratia amount declared and paid by the undertaking from year to year.
Reflecting on his turmoil, Naik, who joined BEST in 1990 and retired as a chief engineer in 2023, stated that he expected his dues to be settled. "I bought a house, expecting my retirement funds to come through," he said. "When the money didn't come, I missed payments and had to pay penalties. While BEST says it does not have money to pay us, the BMC is not ready to help. This is not how retirement should feel. We are 127 petitioners but hundreds more are in the same boat."
The petitioners said that BEST consistently made the payments till October 2016 but stopped after that. After approaching the court, they received 51% of their total dues but are awaiting the remainder. The undertaking's lack of consideration has resulted in the filing of multiple petitions in the past. The 2023 one, filed through advocate R D Bhat, stated that BEST's plea of financial constraints had been rejected by earlier courts.
"BEST's action is illegal and in breach of public policy. There is no justification whatsoever to withhold retirement dues of officers for such long periods," said the petition. They urged the Bombay high court to issue directions to BEST to pay their benefits within two months of the judgment.
Taking serious note, the court, in a series of orders, directed BEST to pay its retired employees in instalments.
After this some of the money was paid, and BEST took several loans to carry out its commitments. It also repeatedly requested the BMC to help it out, contending that it was suffering losses and surviving on subsidies from the corporation. In January, the court remarked that it would be appreciable if the BMC rose to the occasion "with a humane heart" and helped BEST disburse the amount. However, BMC pointed out that it was not legally obliged to keep funding BEST....
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