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ad-hoc promotion, continuity of service, retrospective break, unfair labour practice, industrial court, Mumbai Municipal Corporation, seniority, Time Bound Promotion, Assured Career Progression, reservation policy
26 Mar, 2026
Listen in 01:41 mins | Read in 28:30 mins
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Municipal Corporation of Greater Mumbai & Ors. Vs. Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghtana
As per case facts, the Petitioners, Mumbai Municipal Corporation, appealed against an Industrial Court judgment that found them guilty of unfair labor practices. Employees, initially appointed on an ad-hoc basis
...to reserved promotional posts due to the unavailability of eligible reserved candidates, had worked continuously, performed higher duties, passed departmental exams, and received associated benefits for years. The Corporation later attempted to introduce a retrospective one-day technical break to categorize their ad-hoc service distinctly from regular service, which was challenged. The question arose whether this continuous ad-hoc service on promotional posts should be recognized as qualifying service for continuity, seniority, and other benefits, and if the retrospective technical break was arbitrary. Finally, the High Court confirmed the Industrial Court's judgment, ruling the retrospective technical break arbitrary and against settled principles. The Court held that employees' continuous service on promotional posts, even if initially ad-hoc, must be recognized for continuity and seniority, as they fulfilled all duties, qualified through exams, and received benefits. This recognition, it clarified, respects reservation policy while upholding legitimate employee dues.
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