( 1 ) THE petitioners filed this petition against the order dated December 19, 2003 passed in appeal No. 74/mpir/2003 dismissing his appeal and upholding the order of the Labour court. There are nearabout 213 petitions have been filed by the same petitioners against the orders of Industrial Court and Labour Court. In all the petitions common question of law and facts are involved, hence they are being decided by this common order.

( 2 ) QUESTION for determination before this court is Whether a daily wages employee working in Government Department i. e. P. W. D. which comes within the definition of industry can be classified as permanent employee as per the provision of Rule 2 of M. P. Industrial Employment (Standing Orders)Rules, 1963 (hereinafter called as Rules of 1963 ). The rules have been framed by the State government under Section 21 of the M. P. Industrial Employment (Standing Orders) Act, 1961 (hereinafter called the Act of 1961 ).

( 3 ) THE respondent a daily wages employee filed an application under Sections 31 (3), 61, 62 of M. P. Industrial Relations Act, 1960 submitting that he had been working as gang coolie since 1978 in the petitioner establishment and entitled to

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