MUMBAI: After dedicating over three decades of their life to Mumbai’s public transport system 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. The petitioners 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 2025, 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, the BMC pointed out that it was not legally obliged to keep funding BEST.
Herlekar, who retired the same day as Naik, was a farmer before he joined BEST. “After retirement, I wanted to go back to my native place and start farming again,” he said. “After 60, city life does not suit you. You want to be around your own people, your family and friends. But the pending court case has not allowed me to pursue my dream and live the life I wanted after retirement. I can’t go back till this is over.”
BEST spokesperson Sudas Sawant stated that the undertaking was unable to comply with high court orders. “We don’t have funds,” he said. “We have repeatedly approached the state and BMC for help but nothing is happening. The amount is so huge that even the loans are not helping us. It is difficult to release the employees’ dues till we get financial assistance from the state and the BMC.” Sawant added that the retirement flow was very high right now and the dues amount kept increasing. “The payment, which is supposed to be made within 15 days of retirement, is not being done due to this,” he said.