Bombay High Court
Shirish Govind Ketkar vs State Of Maharashtra Through Chief ... on 9 August, 2024
Author: M.M. Sathaye
Bench: Nitin Jamdar, M.M. Sathaye
skn 1 136-WP-9132024--.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL SIDE
WRIT PETITION NO. 913 OF 2024
Ajay Vasantrao Naik and another. ... Petitioners.
V/s.
State of Maharashtra and others. ... Respondents.
WITH
WRIT PETITION NO. 1743 OF 2024
WITH
WRIT PETITION NO. 2443 OF 2024
WITH
CONTEMPT PETITION NO. 64 OF 2024
IN
WRIT PETITION NO. 1364 OF 2021
WITH
WRIT PETITION (L) NO. 15029 OF 2024
WITH
WRIT PETITION NO. 1183 OF 2023
WITH
WRIT PETITION NO. 1182 OF 2023
WITH
WRIT PETITION NO. 1343 OF 2023
WITH
WRIT PETITION NO. 3523 OF 2022
WITH
WRIT PETITION NO. 3536 OF 2022
WITH
WRIT PETITION NO. 1032 OF 2023
WITH
WRIT PETITION NO. 1034 OF 2023
WITH
WRIT PETITION NO. 1041 OF 2023
WITH
WRIT PETITION NO. 1057 OF 2023
WITH
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WRIT PETITION NO. 917 OF 2023
WITH
WRIT PETITION NO. 870 OF 2023
WITH
WRIT PETITION NO. 1012 OF 2023
WITH
WRIT PETITION NO. 970 OF 2023
WITH
WRIT PETITION NO. 1053 OF 2023
WITH
WRIT PETITION NO. 1165 OF 2023
WITH
WRIT PETITION NO. 3644 OF 2022
WITH
CONTEMPT PETITION NO. 47 OF 2024
IN
WRIT PETITION NO. 1364 OF 2021
WITH
WRIT PETITION NO. 1052 OF 2023
WITH
WRIT PETITION NO. 1170 OF 2023
WITH
WRIT PETITION NO. 1137 OF 2023
WITH
WRIT PETITION NO. 1212 OF 2023
WITH
WRIT PETITION NO. 1018 OF 2023
WITH
WRIT PETITION NO. 647 OF 2023
WITH
WRIT PETITION NO. 1033 OF 2023
WITH
WRIT PETITION NO. 881 OF 2023
WITH
WRIT PETITION NO. 650 OF 2023
WITH
WRIT PETITION NO. 1024 OF 2023
WITH
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WRIT PETITION NO. 1016 OF 2023
WITH
WRIT PETITION NO. 932 OF 2023
WITH
WRIT PETITION NO. 1127 OF 2023
WITH
WRIT PETITION NO. 1173 OF 2023
WITH
WRIT PETITION NO. 957 OF 2023
WITH
WRIT PETITION NO. 1114 OF 2023
WITH
WRIT PETITION NO. 871 OF 2023
WITH
WRIT PETITION NO. 1164 OF 2023
WITH
WRIT PETITION NO. 1036 OF 2023
Mr. R. D. Bhat for the Petitioner in WP-913/2024.
Ms. Gayatri Nayak i/b. Rajesh Kobragade for the Petitioners in WP
Nos.1743/2024, 2443/24 and WPL-15029/24.
Ms. Sapna Rachure a/w Ms. Neha Achliya for the Petitioners in
WP Nos.1183/23, 1182/23, 1343/23, 3523/22, 3536/22, 1032/23,
1034/23, 1041/23, 1057/23, 917/23, 870/23, 1012/23, 970/23,
1053/23, 1165/23, 3644/22, 1052/23, 1170/23, 137/23, 1212/23,
1018/23, 647/23, 1033/23, 881/23, 650/23, 1024/23, 1016/23,
932/23, 1127/23, 1173/23, 957/23, 1114/23, 871/23, 1164/23,
1036/23.
Mr.Kaustubh Gidh with Kartikeya Bhadur i/b. Kranti L.C. for the
Petitioner in CP-47/24 and 64/24.
Ms. Vishali Choudhari, Addl. GP for State in WP Nos.913/24 and
4814/24.
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Ms.Rita Joshi, AGP for the State in WP-1743/24.
Ms.Sheetal Malvankar, AGP for the State in WP-2423/24.
Ms.Uma Palsule-Desai, AGP for the State in WP-1364/21.
Ms. Jaymala Ostwal, Add, GP for the State in WPL-15029/24.
Ms. Shilpa Redkar for the Respondent- BMC.
Mr. Vishal Talsania with Shraddha Nagaonkar i/b Mr. Sagar Shetty
for Respondent- BEST Undertaking in WP-913/24, CP-47/24 and
CP-64/24.
Mr.Sumeet Palsuledesai i/b. M.V.Kini & Co. for Respondent- BEST
Undertaking in all petitions (except WP-913/24, CP-47/24 and CP-
64/24).
CORAM : NITIN JAMDAR, AND
M.M. SATHAYE, JJ.
DATE : 9 August 2024.
P.C. :
Heard the learned counsel for the parties.
2. In this petition orders have been passed from time to time, the last order being 10 May 2024. By this order, the petitions were adjourned today for reporting compliance of the directions issued in the order dated 10 May 2024 which are as follows:
"12. Both the authorities in question are statutory bodies and should act as model employers. It is unacceptable that the majority of retired employees of this Undertaking are still waiting for their arrears of retiral dues without any commitment from the authorities. We had given sufficient time to the BEST Undertaking to provide a reasonable ::: Uploaded on - 09/08/2024 ::: Downloaded on - 17/08/2024 14:55:49 ::: skn 5 136-WP-9132024--.doc commitment, but the commitment presented is inadequate. Therefore, we have no option but to issue a direction to the Respondent- BEST Undertaking and bind them to a time limit. While we could have directed the entire amount to be paid in a single installment, we intend to give the BEST Undertaking time to pay at least part of the retiral dues. Based on their conduct, we will consider extending further time or issuing a one-time direction.
13. Accordingly, we direct that the Respondent- BEST Undertaking will work out the retiral/ terminal dues of each of its retired employees whose dues are unpaid, as per the applicable law. After calculating the amount, the Respondent- BEST Undertaking will pay 30% of the retiral dues of each of the retired employees within three months from today. This order will apply to the Petitioners before us and to all the eligible retired employees of the BEST Undertaking since Writ Petition No.913/2024 is in a representative capacity. We place the responsibility of complying with this order on the General Manager of the BEST Undertaking."
3. The learned counsel for the BEST Undertaking states that an amount of Rs.332.24 crore has been received from the Respondent- Municipal Corporation pursuant to the request of the BEST Undertaking to discharge the liability of the BEST Undertaking as regards the payment of dues to the employees as per the order dated 10 May 2024. The learned counsel for the BEST Undertaking states that an amount of Rs.200 crore was received on 18 June 2024; Rs.100 crore on 23 July 2024 and 32.24 crore on 27 July 2024. This fact is confirmed by the learned counsel for the Municipal Corporation.
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4. The learned counsel for both, the BEST Undertaking and the Municipal Corporation state that this amount of Rs.332.24 crore is regarding compliance of our order dated 10 May 2024 which is to be disbursed to the eligible employees. The learned counsel for the BEST Undertaking, on instructions, states that this amount which is earmarked for the compliance of the order dated 10 May 2024 will not be spent for any other purpose. The statement made on instructions is accepted.
5. The learned counsel for the BEST Undertaking has handed over reply affidavit in the Court today sworn by the Chief Manager. It is stated in the affidavit that part compliance is made as Rs.219 crore are being disbursed pursuant to the order dated 10 May 2024. He submits that in some cases there was difficulty in respect of disbursement for want of particulars and, therefore, messages have been sent to those employees to collect the cheques. The learned counsel for the Petitioners states that that advocates could have been informed if there was such a contingency.
6. According to us, so that there is no further complication or grievance, the Respondent- BEST Undertaking will place on its Website, in public domain, the details of each of its employees who are entitled to receive the amount of 30% of their dues as per the order dated 10 May 2024. The details would include the name of the employee, last post held, the amount due, the amount paid, and ::: Uploaded on - 09/08/2024 ::: Downloaded on - 17/08/2024 14:55:50 ::: skn 7 136-WP-9132024--.doc the amount to be paid as per the order dated 10 May 2024. This data in public domain will ensure that each of the employees would track the payment and further this database will be useful for payment of remaining amount. As regards those employees where the BEST Undertaking has found difficulty, a public notice to be put on its Website apart from sending messages, calling upon them to contact the designated officer.
7. Since the amount would be transferred by way of electronic mode and the database is stated to be already available with the BEST Undertaking, we do not find any impediment for completing the procedure for disbursement within a period of two weeks. Accordingly, stand over to 27 August 2024 at 2.30 p.m. for further compliance of order dated 10 May 2024.
8. As regards the remaining part of arrears is concerned, further orders can be passed after this procedure is complete. In the meanwhile, both, the BEST Undertaking and the Municipal Corporation will examine as to how they would be discharging their liability as regards 70% of amount which is still remaining, so that their stand could be placed before us on the next date of hearing.
(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)
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