P.B.GAJENDRA GADKAR, J.

(1) THE respondent Bibawe made an application to the Industrial Tribunal at Bombay under s. 33-A of the Industrial Disputes Act, 1947. He alleged that he had been employed by the appellant M/s. Kirloskar Oil Engines, Limited, as a watchman since July 21, 1958, and that he had been working as such watchman with the appellant and had become its permanent workman. On May 15,1960, the Security Officer of the appellant Company intimated to him that he had been discharged from service with effect from that date. The respondent urged that at the time when this order of discharge was orally served on him, an industrial dispute was pending between the appellant and its employees before an Industrial Tribunal and as such the respondent could not be discharged by the appellant without obtaining the approval of the Industrial Tribunal. In other words, his case was that his discharge was in contravention of the provisions of s. 33 and that is the basis of his application under s. 33-A.

(2) THE appellant denied that the respondent was its employee. It pleaded that the respondents services had been made available to the appellant by an arrange