1. This is a batch of petitions filed by the Petitioners, who are ex-
employees of Respondent no.3 The Brihanmumbai Electricity Supply and
Transport Undertaking (`BEST Undertaking’). The common grievance of the
petitioners is in regard to the non payment to the petitioners of their gratuity,
pension and other dues on their superannuation. There is no dispute that such
amounts as payable to the Petitioners/ex-employees were amounts of their absolute
entitlement, which is a recognition of their long services with the BEST
Undertaking and a financial relief of the need they would have on attaining
superannuation. When the proceedings commenced before this Court, the
outstanding amounts, which were due and payable to the petitioners were
astronomical. As it appears from the record, the reason for non payment of such
amounts was nothing but lack of financial resources with the BEST Undertaking,
M.S.Thatte
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and the over dependence of the BEST Undertaking for such financial
requirements, not only in relation to its regular business in relation to transport and
generation of electricity,s but also even to pay its employees on the Municipal
Corporation of Greater Mumbai (“MCGM”) and the State Government.
