Mathur, C.J. -- 1. Both the references are similar in nature and therefore they are disposed by this common order.

Both these references have been made by the learned single Judge expressing his grave doubt about the ratio laid down in the case of State of M.P. v. Ram Prakash Sharma and others (1989 JLJ 36). The learned single Judge directed the matter to be placed before the Hon. Chief Justice for constituting a larger bench to answer the following question of law:

"Whether the Madhya Pradesh Industrial Employment (Statnding Orders) Act, 1961 will be applicable to the services which are governed by the Rules mentioned in Section 2(2) and also to those employees where Recruitment Rules have been framed?

Hence, the present larger Bench was constituted to answer the aforesaid question of law.

2. In order to dispose of this reference, facts given in W.P. No. 350 of 1997 are taken into consideration. The present petition filed by Superintending Engineer, Public Works Department, Chambal Ayacut, Circle Gwalior and another challenging the order passed by the Labour Court dated 30.3.1995 Annex. P4 and order dated 11.10.1996 (Annex. P5) passed by the Industrial Court. The respondent