S. A. BOBDE, J. :- A Division Bench while hearing Letters Patent Appeal No. 134 of 1995 has referred the following questions for answer by a larger Bench :-

"Whether Model Standing Order 4-C as contained in the schedule I to the Bombay Industrial Employment (Standing Order) Rules, 1959 ipso facto applies to a temporary workman in an Industrial Establishment without its incorporation into a pre-existing certified standing order."

2. The Division Bench was hearing the Letters Patent Appeal preferred by the appellant against the judgment of the learned single Judge who held that Model Standing Order 4C did not automatically apply to the industrial establishment of the respondent No. 1 without amendment of its certified standing orders. Therefore, the appellant-workman is not entitled to the status of a permanent employee on completion of 240 days uninterrupted service. The Industrial Tribunal whose judgment was in question had held that the workman is entitled to such status of permanency because clause 4C is inserted in the Model Standing Orders.

3. In brief, the dispute is as follows :-

The appellant was employed as a workman in the industrial establishment of the respondent N