N.D.Ojha, J. - (1.) Two applications were made on 29th March, 1971, one by Prithvi Raj and the other by Sheo Shankar, two workmen in the petitioner company under Section 11-C of the U. P. Industrial Disputes Act, inter alia, in regard to the interpretation of Standing Orders 3. 4 (c) and 4 (d). Since the entire controversy rests on the interpretation of these Standing Orders, it would be useful to quote them here:- "Classification of Operatives. 3 (a) Operatives shall be classed as 1. Permanent; 2. Probationer; 3. Substitute; 4. Temporary; 5. Apprentice; and 6. Casual. (b) A "permanent" operative is one who has completed a probationary period of two months in the same occupation in the Mill and is employed on permanent post. Provided however that non-displaced person shall be entitled to be made permanent on posts reserved for displaced persons unless otherwise declared by the Management by a notice posted to this effect on the Notice Board. (c) A "probationer" is an operative who is provisionally employed to fill a permanent vacancy and has not completed two months in that occupation. If a "permanent" operative is employed as a "Probationer" in a new occupation, he may, at any time during the probationary period of two months by an order in writing by the Manager. (d) A "Substitute" is one whose name is entered in the Register of Substitutes and who is employed on the post of a permanent operative or probationer, who is temporarily absent on leave or otherwise. (e) A "Temporary" operative is one who is engaged for work of an essentially temporary character or one who is engaged for a temporary period or one who is engaged temporarily as an additional' operative in connection with the work of permanent character provided, he has not been in continuous employment for 3 months. (f) An "Apprentice" is a learner whether paid or unpaid during the period of his training. (g) A "Casual" workman is a workman whose employment is of casual nature. Enrolment, Muster Roll, Tickets, Cards or Tokens. 4 (a) and (b) ................ (c) In the Muster Roll against the name of every operative without exception shall be clearly indicated the classification to which he belongs. (d) Every operative, without exception shall be provided with a ticket, card, or token bearing his number and any other particulars which the Company at its discretion may require. ................................."
(2.) The Labour Court, respondent No. 1 which dealt with these applications, has given its decision in regard to the nature of the post of a permanent operative. It has held that if any permanent post has undoubtedly fallen vacant even according to the records of the employer and the employer has appointed a particular workman in the said permanent vacancy and has allowed him to work on that post and the said workman has worked for more than two months on the said vacant post, he shall be deemed to have completed two months probation on the vacant post and accordingly he will come under the definition of a permanent operative contained in Standing Order 3 (b). He would become a permanent operative and he should be classified as a permanent employee under the Standing Order 3 (a). Consequently, this classification should be shown against his name in the Muster Roll and he shall be provided with the ticket or routine card of a permanent operative accordingly. Aggrieved by this interpretation of the Labour Court, the employers have instituted this writ petition.
(3.) It was urged by counsel for the petitioner that the interpretation put by the Labour Court if a person had been allowed to work for more than two months on a permanent post, in respect of which a clear vacancy occurred, should be deemed to have worked for more than two months on probation even though his appointment was not made on probation, is manifestly erroneous. According to counsel for the petitioner the nature of the appointment depends upon the manner of the appointment as expressed by the employer.;