Bombay High Court Mandates Compassionate Employment and Compensation for Deceased Conductor's Family
The Bombay High Court has delivered a significant ruling, setting aside a November 2021 order from the BrihanMumbai Electricity Supply and Transport Undertaking (BEST). The court has directed BEST to employ the son of a bus conductor on compassionate grounds within 60 days. This decision comes after the conductor, who served for 27 years, lost his life to Covid-19 in 2020.
Court Orders Rs 50 Lakh Ex Gratia Payment to Heirs
In addition to the employment directive, the High Court has ordered BEST to release Rs 50 lakh as ex gratia compensation to the heirs of the deceased conductor. Justices Riyaz Chagla and Advait Sethna issued these directions while allowing a petition filed by Subodh Lakeshri, the son of the conductor. The court emphasized the humanitarian aspect of the case, stating it would be "inhuman" to deny relief to the family of a worker who died while performing his duties during the pandemic.
Legal Battle Over Compassionate Grounds Employment
Subodh Lakeshri, represented by his counsel Madhavi Tavanandi, argued that BEST wrongly rejected his request for a job on compassionate grounds. His father, who continued working regularly during the Covid-19 lockdown, contracted the disease in June 2020 and subsequently passed away. Lakeshri contended that his father's death was a direct result of his service, making him eligible for employment under BEST's welfare policy.
BEST, through its counsel Vishal Talsania, countered this claim by arguing that the death was due to a heart attack, not Covid-19, and thus did not qualify for compassionate employment. However, the High Court, after reviewing the evidence, noted that the death certificate clearly listed both Covid-19 and heart attack as causes of death. The court highlighted that the conductor was the sole earning member of his family, underscoring the urgency of providing support.
Implications of the Ruling for Public Sector Employees
This ruling sets a precedent for cases involving compassionate employment in the public sector, particularly for workers who died during the Covid-19 pandemic. The Bombay High Court's decision reinforces the importance of recognizing the sacrifices made by essential workers and ensuring their families receive adequate support. By ordering both employment and financial compensation, the court aims to provide holistic relief to the bereaved family.
The case underscores the legal and ethical obligations of employers like BEST to uphold welfare policies, especially in times of crisis. It also serves as a reminder of the critical role courts play in safeguarding the rights of citizens, particularly those from vulnerable backgrounds.
