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29. It is next contended by of Shri Deshpande that Clause 4-C applies only to a badli or temporary workman. It is submitted that the workmen concerned are neither badli nor temporary but daily wage earners. He further submits that the workmen would not be entitled to benefit of Clause 4-C of the Model Standing Orders. To 23 LPA466-10.odt consider the submission of Shri Deshpande, we will have to refer to Clause 3 (1) and 4-C of the Model Standing Orders:-

"3. (1) Workmen shall be classified as-

(a) permanent workmen;

(b) probationers;

(c) 'badlis' or substitutes;

(d) temporary workmen;

(e) casual workmen; and

(f) apprentices.

4-C. A badli or temporary workman who has put in 190 days' uninterrupted service in the aggregate in any establishment of seasonal nature or 240 days "uninterrupted service" in the aggregate in any other establishment, during a period of preceding twelve calendar months, shall be made permanent in that establishment by order in writing signed by the Manager, or any person authorised in that behalf by the Manager, irrespective of whether or not his name is on the muster roll of the establishment throughout the period of the said twelve calendar months.

                  Explanation:-            For purposes of this clause any





                  period       of    interrupted       service,      caused        by

cessation of work which is not due to any fault of the workman concerned, shall not be counted for the purpose of computing 190 days or 240 days, or, as the case may be, for making a badli or temporary workman permanent."

24 LPA466-10.odt As held by the larger Bench of this Court in the case of Gangadhar (supra) , a badli or temporary workman who has put in 190 days uninterrupted service in the aggregate in any establishment of seasonal nature or 240 days uninterrupted service in the aggregate in any other establishment during a period of preceding twelve calendar months, shall be made permanent in that establishment by order in writing signed by the Manager, or any person authorised in that behalf by the Manager, irrespective of whether or not his name is on the muster roll of the establishment throughout the period of the said twelve calendar months. It could thus be seen that the mandate of Clause 4-C is to grant permanency to Badli or temporary workman who has put in 190 days' uninterrupted service in the aggregate in any establishment of seasonal nature or 240 days in case of other establishment. We find that the argument that the petitioners are not Badli or temporary workmen and as such they are not entitled to benefit of Clause 4-C will have to be rejected.