JUDGMENT :- Rule returnable forthwith. Heard finally by consent of parties.

2. By the present petition, the petitioner has questioned the validity of judgment and order dated 15-4-2005 in Complaint U.L.P. No. 316/2000, passed by the Industrial Court, Nagpur. This petition is treated as one under Article 227 of the Constitution of India looking to the nature of the order made by the Industrial Court.

3. FACTS :- The respondent had filed complaint before the Industrial Court under section 28 read with Item Nos. 5, 6 and 9, Schedule IV of the M.R.T.U. and P.U.L.P. Act, 1971. He averred in his complaint that he was initially appointed as a peon on 4-10-1994. On 28-2-1997 he was appointed to work as Chowkidar in the school on night duty and since then he has been working with the petitioner. Council on daily wages. On the date of filing of the complaint, he has been working as a mate. He then submitted that he completed more than 240 days of service and in accordance with Model Standing Orders Rule 4-C, he became permanent. He has been continuously working and was entitled to be conferred with the status of permanent employee. He then submitted that juniors to him were made permanent in s

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