U.L. Bhat, C.J. -- 1. This is a petition under Articles 227 of the Constitution of India praying for a writ of certiorari quashing Annexure-PI order passed by the Industrial Court and Annexure-P2 appellate order passed by the Labour Court.

2. First respondent was initially appointed Conductor under the first petitioner M.P. State Road Transport Corporation and later on, promoted to the post of Booking Agent. According to Annexure-P3 order of the General Manager of the Corporation, the promotion channel is from the post of Booking Agent to that of Ticket Examiner and thereafter to the post of Traffic Supervisor Gr. II and finally to the post of Traffic Supervisor Gr. I.

3. While first respondent was working as Booking Agent in the Bus Station, Dabra, Nathilal Jain who was then Traffic Supervisor Gr. II and working as Incharge of the Bus Station, retired on superannuation. The Sub-Depot Manager passed order Annexure-P8 dated 9,4.1986, the English version of which is as quoted herebelow:

"Sub: Appointment of Narain Singh Rathore, Booking Agent as Incharge Bus Station, Dabra.

The post of Stand Incharge Dabra is lying vacant after the retirement of Nathilal Jain, Traffic Supervisory Second, Stand Incharge, is necessary as it is Sub-Depot for looking after the work of Booking Offices and for seeing the work of stand being performed properly.

Hence, after discussion with the Divisional Manager and with the consent of Depot Manager, Gwalior Shri Narain Singh Rathore is appointed as Stand Incharge till such time as a Traffic Supervisor (IInd) is appointed.

Shri Narain Singh will be responsible for all works, he will see the stands falling under Dabra Stand - Sugar Gate, Antri Bilowa, Bhitarwar and Magroni Stand and will prepare and present the Standing Booking Statement etc. so that they may be sent to Depot Office within time.

The order will come into effect immediately."

Thus first respondent was required to work as Incharge. Ex. P 9 to P 11 certificates show that work and conduct of the first respondent as incharge satisfactory.

4. The first respondent having been unsuccessful in persuading his employer to classify him as "permanent incharge" of the Bus-Station filed an application under section 31 (3) of the M.P. Industrial Relations Act 1960 before the Industrial Court, Madhya Pradesh, Indore, praying for such classification, contending that he is entitled to such classification under earlier part of sub-clause (i) of Clause 2 of the annexure to the M.P. Industrial Employment (Standing Orders) Rules 1963 (for short the Rules) which defines a 'permanent employee' as one who has completed six months' satisfactory service in a clear vacancy in one or more posts whether as a probationer or otherwise, or a person whose name has been entered in the muster roll and who has been given a ticket of permanent employee. The petitioners resisted the claim before the Industrial Court contending that the post of Traffic Supervisor Gr. II is a promotional post, that the General Manager has prescribed the promotional channel according to which the first respondent could look to promotion in the first instance as Ticket Examiner and only thereafter to the post of Traffic Supervisor Gr. II, that the classification sought amounts to back-door promotion which would be contrary to the rules of the Corporation and would affect a large number of employees, and that the order passed 'by the Sub-Depot Manager was only a charge arrangement and did not amount to allowing the first respondent to work in the grade of Traffic Supervisor Gr. II. The Industrial Court and the Labour Court, however, allowed the claim of the first appellant These orders are now challenged in this petition.

5. The earlier decisions of this Court held that Clause 2 of the Rules does not relate to promotion but only to classification, any employee who has completed six months satisfactory service on a clear vacancy or post is entitled to be classified as permanent employee and therefore, t