Case Note & Summary
The High Court allowed the writ petitions filed by Brihanmumbai Municipal Corporation challenging the Industrial Court's interim order that stayed the Corporation's circular discontinuing additional wage increments for employees obtaining LSG and LGS diplomas. The Court found that the Industrial Court had effectively granted final relief at the interim stage, which was impermissible. The Court held that the Corporation's policy modifications from 1967 to 2025 were administrative decisions made in exercise of policy discretion, and the discontinuation of additional increments did not constitute an unfair labour practice requiring notice under Section 9A of the Industrial Disputes Act, 1947. The Court emphasized that as a public employer, the Corporation had the authority to modify service conditions through policy decisions, and the balance of convenience favored allowing the Corporation to implement its revised policy pending final adjudication.
Headnote
The High Court of Judicature at Bombay -- Civil Appellate Jurisdiction -- heard Writ Petitions -- The Petitioners were Brihanmumbai Municipal Corporation and its officials -- The Respondents were Mumbai Mahanagar Palika Karyalayeen Karmachari Sanghatana and The Municipal Union -- The Court comprised Justice Amit Borkar -- The judgment was reserved on January 23, 2026 and pronounced on February 12, 2026 -- The Court set aside the Industrial Court's interim order dated December 11, 2025 -- The Industrial Court had stayed the Corporation's circular dated September 05, 2025 which discontinued additional increments for LSG and LGS diplomas -- The High Court held that the Industrial Court effectively granted final relief at interim stage -- The Court found that the Corporation's policy modifications were administrative decisions not requiring Section 9A notice -- The balance of convenience favored the Corporation as public employer -- No prima facie case was established for unfair labour practice
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Issue of Consideration: The Issue of whether the Industrial Court erred in granting interim relief that effectively provided final relief by staying the Municipal Corporation's circular discontinuing additional wage increments for diploma qualifications
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Final Decision
The High Court allowed the writ petitions, set aside the Industrial Court's interim order dated December 11, 2025, and held that the Corporation's circular dated September 05, 2025 discontinuing additional increments for LSG and LGS diplomas could operate pending final adjudication of the unfair labour practice complaint
