( 1. ) THIS order shall also dispose of Misc. Petition No. 788 of 1974.

( 2. ) BOTH these petitions under Article 226 of the Constitution are directed against an order dated 30th April 1974 passed by the Industrial court disposing of Revision No. 112/mpir/1973, relating to conductor pradosh Kumar Khare, and Revision No. 269/mpir/1972, relating to conductor Ramadhar Sondhiya. Misc. Petition No. 786 of 1974 relates to pradosh Kumar Khare and Misc. Petition No. 788 of 1974 relates to ramadhar Sondhiya. Both these conductors were appointed as temporary employees by the Madhya Pradesh State Road Transport Corporation. They worked continuously for more than six months. Their services were terminated on the footing that they were temporary employees. It was contended by them that as they were continuously in service for more than six months, they became permanent employees within the deeming provision of Clause 2 (vi) of the Standard Standing Orders. This contention was accepted by the Labour Court. The Industrial Court endorsed the view taken by the Labour Court. The contention of the petitioner Corporation before the Industrial Court was that the conductors concerned must prove that their work was satisfactory during the period they worked and, unless this was proved, they could not be deemed to be permanent employees. This contention was rejected by the Industrial Court. Learned counsel for the petitioner submitted before us that the view taken by the Industrial court is wrong.

( 3. ) THE relevant provisions of the Standard Standing Orders read as follows :

"2. Classification of Employees: Employees shall be classified as- (i) permanent, (ii) permanent seasonal, (iii) probationers, (iv) badlies, (v) apprentices, and (vi) temporary: (i) A permanent employee is 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 is given a ticket of permanent employee; (ii) A permanent seasonal employee is an employee who has completed service for a period of equal to 2 /3 of the duration or a season or three months whichever is less in a clear vacancy and shall be deemed to be a permanent employee for the purposes of these orders; (iii) A probationer means an employee who is provisionally employed to fill a clear vacancy, and who has not completed six months satisfactory service in the aggregate; (iv) A badli employee means an employee who is employed on the post of a permanent employee, or a probationer or a permanent seasonal employee who is temporarily absent; (vi) temporary employee means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a permanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a permanent employee, within the meaning of clause

(i) above. "

( 4. ) A perusal of the aforesaid definitions will go to show that before an employee can qualify for the status of a permanent employee under the first part of clause 2 (i), it has to be established that he has completed six months service, that the service was satisfactory, and that the service was in a clear vacancy in one or more posts whether as a probationer or otherwise. The second part of definition of permanent employee includes a person whose name has been included in the muster roll and is given a ticket of permanent employee. This category would include those persons who are appointed as permanent employees irrespective of the fact whether they had completed six months of satisfactory service in a clear vacancy or not. A probationer is a person who is provisionally employed in a clear vacancy and who has not completed six months satisfactory service. A badli employee is defined in clause 2 (iv) to