JUDGMENT

KRISHNA IYER, J.:— Social justice is the signature tune of the Constitution of India and this note is nowhere more vibrant than in industrial jurisprudence. From this point of view we are in full sympathy with Shri Khera who has argued the workmans case with insistence, urging us not to exercise our appellate powers to upset the award of the Central Government Industrial Tribunal, Calcutta. The industrial dispute was between an individual driver (the respondent) and the management (the Punjab National Bank, Calcutta Branch) and the reference was as to the justifiability of the termination of the services of Shri Golam Dastagir, driver of the said bank with effect from the 27th May 1975. The reference assumes what really is the most contested point in the case as to whether Shri Golam Dastagir was the driver of the said Bank By definition, a workman means "any person employed in any industry" and so the basic jurisdictional issue is as to whether the respondent-workman was a person employed by the Bank. If he was, his termination was illegal. If he was not, the reference to the industrial dispute was without jurisdiction. The Industrial Tribunal examined the matter at some