Ad Hoc Promotion Service Counts for Seniority – Break Held Unfair | HC

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  • Last Updated on 16 April, 2026

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ad hoc promotion continuity

Case Details: Municipal Corporation of Greater Mumbai vs. Mumbai Mahanagarpalika Karyalayeen Karmachari Sanghtana [2026] 184 taxmann.com 639 (Bombay)

Judiciary and Counsel Details

  • Amit Borkar, J.
  • Ram S. Apte, Sr. Adv. & D.R. Kawale for the Petitioner.
  • Prakash Devdas & Ms Vidula Patil for the Respondent.

Facts of the Case

In the instant case, employees of the petitioner Municipal Corporation were placed on promotional posts on an ad hoc basis due to the non-availability of suitable candidates from reserved categories.

Subsequently, upon availability of vacancies, the employees were regularised. The employees thereafter filed a complaint before the Industrial Court seeking continuity of service and consequential seniority from the date of their initial ad hoc promotion, along with recognition of such service as qualifying service for the purposes of Time Bound Promotion/Assured Career Progression.

The Industrial Court held that the Corporation had engaged in an unfair labour practice under Item 9 of Schedule IV by denying continuity of service despite allowing the employees to work on promotional posts for several years with attendant benefits. It further noted that the retrospective imposition of a one-day technical break for the period 2004–2006 was unjustified. Accordingly, the Industrial Court directed the Corporation to grant continuity of service with consequential seniority and to recognise such service for limited purposes.

High Court Held

The High Court observed that since the employees had in fact discharged duties on promotional posts for a considerable period and had been granted benefits attached to such posts, the period of service from the date of initial ad hoc promotion could not be disregarded. It held that such service deserved recognition, at least for limited purposes such as seniority and Time Bound Promotion/Assured Career Progression.

Accordingly, the High Court upheld and confirmed the order passed by the Industrial Court.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied