MUNICIPAL CORPORATION Vs. OM PRAKASH DUBEY
LAWS(SC)-2006-12-62
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on December 05,2006

MUNICIPAL CORPORATION, JABALPUR Appellant
VERSUS
OM PRAKASH DUBEY Respondents





Cited Judgements :-

TAMILNAD MERCANTILE BANK SHARE HOLDERS WELFARE ASSOCIATION VS. S C SEKAR [LAWS(SC)-2008-12-102] [REFERRED TO]
KHARAMJAM OJIT SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2021-11-4] [REFERRED TO]
R. SIDDHESWARAN VS. UNIVERSITY GRANTS COMMISSION [LAWS(MAD)-2019-4-967] [REFERRED TO]
CHANDRAPAL VS. STATE OF U P [LAWS(ALL)-2011-1-141] [REFERRED TO]
DIRECTOR GENERAL VS. NAVNEET KUMAR [LAWS(CAL)-2019-11-7] [REFERRED TO]
BHARAT RAJ RAWAT VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2011-12-119] [REFERRED TO]
MANOJ S. & ORS VS. STATE OF KERALA & ORS. [LAWS(KER)-2007-11-77] [REFERRED TO]
SURENDRA BAHADUR SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-5-199] [REFERRED TO]
SANJAY SINGH KUSHWAH VS. RESIDENT COMMISSIONER M P BHAWAN [LAWS(DLH)-2008-7-53] [REFERRED TO]
ROTHANGPUII VS. C LALHMANGAIHI [LAWS(GAU)-2015-3-38] [REFERRED TO]
PUNJAB STATE WAREHOUSING CORPN CHANDIGARH VS. MANMOHAN SINGH [LAWS(SC)-2007-2-105] [REFERRED TO]
USHA K. VS. STATE OF KERALA [LAWS(KER)-2007-11-64] [REFERRED TO]
J SUNDARA VS. UNION OF INDIA [LAWS(MAD)-2010-7-491] [REFERRED TO]
M SELVENDRAN VS. LABOUR COMMISSIONER [LAWS(MPH)-2010-10-63] [REFERRED TO]
NATIONAL INSTITUTE OF TECHNOLOGY VS. NIRAJ KUMAR SINGH [LAWS(SC)-2007-2-81] [REFERRED TO]
RAM CHANDRA VS. UNION OF INDIA [LAWS(ALL)-2013-10-138] [REFERRED TO]
ANJANI KUMAR DUBEY VS. HIGH COURT OF JUDICATURE AT ALLAHABAD [LAWS(ALL)-2013-1-108] [REFERRED TO]
SARVAN KUMAR VS. STATE OF U P [LAWS(ALL)-2008-11-22] [REFERRED TO]
MR. RAJINDER PRASAD VS. NHRC THROUGH ITS SECRETARY GENERAL [LAWS(DLH)-2009-5-433] [REFERRED TO]
STATE OF CHHATTISGARH AND ORS VS. NETRAM SAHU AND ORS [LAWS(CHH)-2013-12-28] [REFERRED]
KIRTICHAND EKKA VS. STATE OF C.G.AND ORS. [LAWS(CHH)-2009-12-64] [REFERRED TO]
DILIP KUMAR DHAR VS. STATE OF ASSAM [LAWS(GAU)-2019-6-48] [REFERRED TO]
EASTERN COAL FIELDS LIMITED VS. CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL [LAWS(CAL)-2008-7-65] [REFERRED TO]
MAYA CHAKRABORTY VS. SAMARJIT BHOWMIK [LAWS(GAU)-2011-9-44] [REFERRED TO]
PRADIP KR DAS VS. KARBI ANGLONG AUTONOMOUS COUNCIL [LAWS(GAU)-2021-4-7] [REFERRED TO]
THAMILAGA THOZHICHALAI MATRUM POTHU THOZHILALARGAL SANGAM VS. UNION OF INDIA [LAWS(MAD)-2010-3-513] [REFERRED TO]
K USHA VS. STATE OF KERALA [LAWS(KER)-2007-12-30] [REFERRED TO]
SAHAI A P SAHI A P SAHI SATENDRA KUMAR JAIN SATENDRA KUMAR JAIN SADHNA UPADHYAYA ADVOCATE VS. STATE OF U P [LAWS(ALL)-2008-8-86] [REFERRED TO]
ASHOK KALSHA VS. STATE OF C.G [LAWS(CHH)-2009-11-37] [REFERRED TO]
VIRENDER KUMAR DARALL VS. D S P C A [LAWS(DLH)-2007-11-85] [REFERRED TO]
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. VS. SONAM UDEN BHUTIA W/O. SH. PEMA WANGYAL BHUTIA [LAWS(NCD)-2021-11-22] [REFERRED TO]
INDIAN AIRLINES VS. CENTRAL GOVT. INDUSTRIAL TRIBUNAL [LAWS(PAT)-2014-1-16] [REFERRED TO]
SREEDHARAN MENON O P VS. K AMARNATH SHETTY [LAWS(KER)-2012-2-39] [REFERRED TO]
VEER KUNWAR SINGH UNIVERSITY AD HOC TEACHERS ASSOCIATION VS. BIHAR STATE UNIVERSITY C C SERVICE COMMISSION [LAWS(SC)-2007-5-186] [REFERRED TO]
GIRJA KISHORE VS. STATE OF U. P. [LAWS(ALL)-2013-9-133] [REFERRED TO]
SANJAY SINGH KUSHWAH VS. RESIDENT COMMISSIONER M P BHAWAN GOVT OF MP [LAWS(DLH)-2007-2-72] [REFERRED TO]
C.L. SIDAR S/O SHRI SHRIRAM SIDAR, AGED ABOUT 56 YEARS PRESENTLY WORKING VS. SMT. GITA DEVI AGRAWAL W/O LATE SURAJBHAN AGRAWAL [LAWS(CHH)-2016-4-39] [REFERRED TO]
BHABATOSH KUMAR ROY VS. STATE OF ASSAM [LAWS(GAU)-2012-6-88] [REFERRED TO]
SANDEEP VERMA VS. STATE OF C.G. [LAWS(CHH)-2023-2-83] [REFERRED TO]
O.P. SREEDHARA MENON VS. K. AMARNATH SHETTY [LAWS(KER)-2012-2-105] [REFERRED TO]
BHARTI MALIK AND ORS. VS. THE DIRECTOR (EDUCATION), EAST DELHI MUNICIPAL CORPORATION EDUCATION DEPARTMENT AND ORS. [LAWS(CA)-2015-9-36] [REFERRED TO]
STATE OF U.P. AND ORS. VS. CHHIDDI AND ORS. [LAWS(ALL)-2015-9-62] [REFERRED TO]
ANNA PANDURANG VAIDYA VS. NAGPUR AGRICULTURAL PRODUCE MARKET COMMITTEE [LAWS(BOM)-2009-6-111] [REFERRED TO [ 14 ]]
MANAGEMENT VELLORE CO OPERATIVE PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD VS. PRESIDING OFFICER [LAWS(MAD)-2010-6-44] [REFERRED TO]
M P URJA VIKAS NIGAM LTD VS. RUDRA PRASAD MISHRA [LAWS(MPH)-2007-5-38] [REFERRED TO]
GOVT OF A P VS. K BRAHMANANDAM [LAWS(SC)-2008-4-160] [REFERRED TO]
CHIEF MANAGING DIRECTOR B S NA L VS. MASAN ALI [LAWS(ALL)-2008-12-345] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)Appellant is a Municipal Corporation constituted under the Madhya Pradesh Municipal Corporation Act, 1956 (for short, 'the Act'). Indisputably, the terms and conditions of service of its employees are governed by statutory rules. Yet again in terms of Section 58 of the Act, the State of Madhya Pradesh may issue directions, which the Corporation is obliged to follow.
(3.)A large number of employees were appointed by the Corporation on daily wages. The terms and conditions of their appointment are not known. It is, however, not disputed that recruitment procedure, as laid down by the rules framed by the State of Madhya Pradesh in terms of the said provisions of the Act, had not been followed. Industrial disputes were said to have been raised and different labour courts in their Awards arrived at different conclusions. The Municipal Corporation purported to have laid down a policy decision to regularise the services of the employees in terms whereof those who had been working from a period prior to 31st December, 1983 were to be regularized according to seniority and availability of posts on fulfilling the eligibility criteria laid down therefore. Several writ petitions were filed questioning the correctness or otherwise of the said Awards. When the matter was pending before the High Court, the counsel appearing on behalf of the Corporation brought to its notice about the said purported scheme of the State.


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