In a setback to BEST Workers' Union, the Bombay High Court today refused to stay the implementation of the new duty scheduling system at Malad depot and resultant change in schedule at Goregaon and Malwani depots.
Justice Nitin Jamdar refused to grant the relief while hearing a petition filed by the union challenging the order of the industrial court.
"I do not find that a prima facie case has been made out for grant of interim relief. Neither, the balance of convenience is in favour of the petitioner (union). The prayer for interim relief is accordingly rejected," observed Justice Jamdar.
The transport body's efforts to implement the new programmes have been met with strong opposition from the very beginning. While the BEST management claims it will optimise the use of manpower, improve efficiency and save Rs 32 crore annually, the employees say the move will compel them to work for over 12 hours.
Neeta Karnik, counsel for the union, argued that the duty schedule which was to be implemented from April 1, should not be given effect to.
Chiding the union, the judge observed in its 24 page order: "It appears that the only interest of the Union is to somehow see that the experiment does not proceed, even though agreeing for the same."
After going through the data submitted by the BEST with regard to the number of buses, bus routes, conductors and drivers, which was opposed by the union, the HC noted that: "It is not possible to simply brush aside all the facts and figures which have been placed on record by the Undertaking as incorrect and false, as sought to be contended by the Union.
