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Municipal Corporation, ad-hoc promotion, unfair labour practice, service continuity, seniority, Time Bound Promotion, reservation policy, Maharashtra, High Court, industrial dispute
26 Mar, 2026
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Municipal Corporation of Greater Mumbai Vs. Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghtana
As per case facts, a Municipal Corporation challenged an Industrial Court's judgment finding them guilty of unfair labour practice. The dispute concerned employees given ad-hoc promotions to reserved posts due
...to a lack of eligible candidates. These employees worked continuously, receiving benefits, but the Corporation later tried to impose a retrospective one-day technical break in service to distinguish ad-hoc from regular appointments. The Corporation argued that ad-hoc service against reserved posts did not entitle employees to continuity from their initial appointment. The question arose whether this ad-hoc service should be recognized as continuous for seniority and promotion schemes, and if the retrospective break was valid. Finally, the Court ruled that the retrospective one-day technical break was arbitrary. It held that continuous performance of duties, receipt of benefits, and subsequent regularization meant the ad-hoc service on promotional posts must be recognized for limited purposes like seniority and Time Bound Promotion, without impacting the reservation policy. The Industrial Court's judgment was affirmed.
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