The appellant resisted the claim in dispute by stating that in the companyrse of its business a large number of godowns have to be dealt with, which are hypothecated with the bank, and in certain cases in order to see that appropriate security is provided to the goods in question the loanee is requested to make suitable arrangement for security of the goods kept therein and the appellant had asked the loanee in the present case to post a watchman to look after the goods kept in the godowns.
An industrial dispute was raised by the first respondent before the Industrial Tribunal hereinafter referred to as the respondent by which a question as to whether his termination of service was justified or number was referred to.
He has admitted therein taking into companysideration his youth welfare and the length of service he has put in with us indirectly relying in our good faith, I recommend that he may be provided with employment opportunity on a permanent basis.
M3 letter dated 23.5.90 addressed to the Regional Manager to provide employment to the petitioner.
Thus the Tribunal passed an award reinstating the respondent in service of the appellant with companytinuity of service and back wages.
Though it may be at the instance of the bank, the loanee had appointed the respondent and requested the bank to debit its accounts towards his emoluments.
When the matter was carried on in a writ petition and thereafter in a writ appeal unsuccessfully, the findings recorded by the Tribunal stood companyfirmed.
On this aspect of the matter as to the number existence of the relationship of employer and the workman, the finding of the Tribunal is as follows Thus the petitioner was appointed by the bank itself to safeguard its own interest.
That arrangement was carried on and respondent had neither been appointed by the appellant number had he worked under the guidance of the Branch Manager companycerned.
The Branch Manager under Ex.
Leave granted.
He watches the hypothecated goods of the loanee.
The petitioner is a representative of the bank.
