The State of Punjab and the Labour Commissioner are respondents 1 and 2 to this appeal.
Three days later, he withdrew the remaining amount of Rs.
As a result of the report submitted by him, the appellant was dismissed from service on December 30, 1978.
Appeal by Special leave from the Judgment and Order dated the 4th September, 1979 of the Punjab and Haryana High Court in Civil Writ Petition No.
Soon thereafter a person claiming to be the real Labh Singh in whose favour the draft was issued by the Royal Bank of Canada, companyplained to the Chartered Bank, New Delhi, that the draft was stolen and that the money due thereon was fraudulently companylected by the person in whose name an account was opened in the Dholbaha branch.
The amount due on the draft was credited by the Bank in Labh Singhs account on November On that very day, Labh Singh withdrew a sum of Rs.
2,500.
By an Award dated November 23, 1982 the Arbitrator dismissed the reference, holding that the appellant was number responsible for the fraudulent encashment of the draft.
Two out of the three accused were discharged by the learned Magistrate while accused No.
Two days later, Labh Singh deposited in that account a draft in the sum of Rs.
2,500 from his account.
The appellant filed a Writ Petition in the High Court of Punjab and Haryana, challenging the decision of the Labour Commissioner, but that Writ Petition was dismissed summarily.
5,000 to the Bank, which was fraudulently withdrawn by Labh Singh.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On October 22, 1977 one Labh Singh s o Harnam Singh opened an account in the Dholbaha Branch under an introduction given by one Bahram Singh.
D. Garg, S.K. Bisaria and T.L. Garg for the appellant.
The Labour Commissioner of Punjab, exercising the powers of the State Government, declined to refer the dispute for adjudication on the ground that the appellant was number a workman.
The appellant has filed this appeal by special leave, challenging the decision of the High Court and of the Labour Commissioner.
2780 of 1979.
Girish Chandra for Respondent No.
1746 of 1980.
The Judgment of the Court was delivered by CHANDRACHUD, C. J. In April 1962, the appellant was appointed as a clerk in the Hoshiarpur Central Co operative Bank Ltd., which is respondent 3 to this appeal.
On August 10, 1976 he was transferred as Branch Manager of the Dholbaha branch of the Bank.
5,000 issued by the Royal Bank of Canada on the Chartered Bank, New Delhi.
