MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR. vs MUMBAI MAHANAGARPALIKA KARYALAYEEN KARMACHARI SANGHATANA

Judgment text excerpt

WP.1039.2010.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1039 OF 2010 Municipal Corporation of Greater Mumbai and Anr. .. Petitioners Versus Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghatana .. Respondent ....................  Mr. A.V. Bukhari, Senior Advocate a/w Mr.Burhan Bukhari, Mr.Santosh Parad and Mr. R.I. Sirsikar, Advocates for Petitioners.  Mr. Prakash Devdas a/w Ms. Vidula Patil, Advocates for Respondent.  Ms. Tejashree Kamble, Administrative Officer, Chief Personnel Officer, B.M.C ......…........... CORAM : MILIND N. JADHAV, J. RESERVED ON : AUGUST 07, 2025. PRONOUNCED ON : SEPTEMBER 10, 2025. JUDGMENT: 1. Heard Mr. Bukhari, learned Senior Advocate for Petitioners, Mr. Devdas, learned Advocate for Respondent. 2. The present Writ Petition challenges the judgement dated 04.12.2009 passed by the Industrial Court, Mumbai in Complaint (ULP) No.447 of 2007 filed by Respondent - Union under Section 28 read with Items 5 and 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (for short ‘the said Act’) whereby the Complaint came to be partly allowed. 1 of 25 WP.1039.2010.doc 3. Briefly stated, in the year 1979, Petitioners framed rules for promotion of lower cadre employees to the post of Clerk, Clerk-cum- Typist and/or Typist. These rules were framed for direct recruitment of candidates falling under the categories of Preferential Treatment, lower cadre employees and part-time workers with not less than 4 hours of work to the post of Clerk at the ratio of 1:1:1. 3.1. On 23.10.2001, Petitioners issued a circular inviting applications from lower cadre workers for the posts of Clerk as directed by the State Government. 3.2. On 29.09.2003, Petiti