JUDGMENT :-

S.B. Sinha, J.

1. Leave granted.

2. Respondent was appointed on the post of driver on daily-wage basis. He was initially appointed for 89 days. His services admittedly had not been regularized. He was not placed in the category of a permanent employee in terms of the Standing Order framed under Madhya Pradesh Industrial Relations Act, 1960 (for short "the Act").

3. A selection panel was prepared wherein the particulars of the employees in question were recorded. We may notice the relevant entries:

4. A select list was prepared for appointment on a regular post of driver, upon taking into consideration cases of eight employees, relevant portion whereof reads as under:

"For the post of Driver on daily wage, employees have been considered. Total 8 cases of employees have been considered. 2 posts in Mandsour Sub-Division are vacant. One post of reserved quota and one post from general category has to be filled up. One post has to be filled up as there is no candidate from reserved quota.

1. Shri Iqbal Singh Tuteja

2. Shri Mohd. Ibrahim..."

5. An application under Sections 61 and 62 of the Act was filed by the respondent on or about 11.07.1988 praying for his classification i