Reassessment of Employee Status in Municipal Corporation Merger


Summary of Judgement

The Solapur Municipal Corporation appealed six judgments passed by the High Court of Judicature at Bombay, which favored the petitioners in various writ petitions. The dispute centered around the employment status of the respondents who were previously engaged with the Majarewadi Gram Panchayat, later merged with the Corporation.

A stay was granted on the High Court's judgment, and interim relief was later made absolute by the Supreme Court.

The central issue revolved around the employment status of the respondents concerning their tenure at Majarewadi Gram Panchayat, determining their entitlements under relevant statutes.

The Division Bench of the High Court held in favor of the respondents, considering them regular employees of the gram panchayat from a specified date. The Corporation's review petitions were dismissed subsequently.

The case delved into the interpretation of relevant provisions, notably Section 493 of the Maharashtra Municipal Corporations Act, 1949, concerning the continuity of employment rights.

The Corporation contested the authenticity and significance of documents presented by the respondents regarding their purported regular appointments at the gram panchayat.

Given the emergence of new documents during the Supreme Court proceedings, the matter was remanded to the High Court for reconsideration. Both parties were granted the opportunity to present additional evidence, and the case was to be adjudicated afresh with due priority.

The appeals were allowed, setting aside previous judgments, and the matter was referred back to the High Court for fresh consideration, emphasizing expeditious resolution. Each party was directed to bear its own costs.

Case Title: Solapur Municipal Corporation vs Shankarrao Govindrao Patil And Others Etc

Citation: 2024 LawText (SC) (5) 153

Case Number: Civil Appeal Nos. 9127-9132, 9133 Of 2018

Advocate(s): Vinay Navare, Suhaskumar Kadam, Abhay Anil Anturkar, Dr. R. R. Deshpande, Dhruv Tank, Aniruddha Awalgaonkar, Bhagwant Deshpande, Prachiti Deshpande, Priyanka Deshpande, Devyani Bhatt, Akshay Kapoor, Nachiketa Joshi, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna, Preet S. Phanse, Adarsh Dubey

Date of Decision: 2024-05-15