The legal relationship between an employer and employee or master and servant is determined by the existence of the right of control over the manner in which the work is to be done.

1. The petitioner Chandrabali was employed as a Machinecut Coal Loader in Jamadoba Colliery belonging to Messrs. Tata Iron and Steej Company Limited, The petitioner was recruited through the agency of the Coalfield Recruiting Organization for employment, under the management of the Jamadoba Colliery as a Machine-cut Coal Loader. The petitioner had gone on leave on the 10th May, 1958, for a period of fourteen days and the grant of his leave was made by the Unit Supervisor of the Coalfield Recruiting Organization (which will be hereafter referred to as C. R. O. in this judgment).

While at home the petitioner applied for an extension of leave with medical certificate dated the 1st June, 1958, for a further period of three weeks. His application was received by the Unit Supervisor on the 7th June, 1958. The petitioner applied for a further extension of leave for two weeks with another medical certificate. Subsequently the petitioner returned for work on the 7th July, 1958, but he was not permitted to join. The matter of the petitioners discharge was taken up by the Colliery Mazdoor Sangh, which wrote to the Colliery Manager stating that the petitioner had been unfairly treated in violation of the Standing Orders of the Company. The matter was not amicably settled and, on the report of the Conciliation Officer, the Government of India referred the Industrial dispute to the Central Government Industrial Tribunal, Dhanbad, under Sec.10 of the Industrial Disputes Act. The issues which were contained in the order of reference were (1) whether the discharge of Sri Chandrabali was justified, and (2) if not, what relief he is entitled to and with effect from which date. On the 12th May, 1960, the Central Government Industrial Tribunal made an award stating that the discharge of Sri Chandrabali was justified.

2. The petitioner has now obtained a rule from the High Court calling upon the respondents to show cause why the award of the Central Government Industrial Tribunal should not be set aside by the High Court by virtue of the authority granted to it under Article 227 of the Constitution.

3. On behalf of the petitioner it was submitted In the first place that the Tribunal was erroneous as a matter of law in holding that the petitioner was not a "workman" within the meaning of the Industrial Disputes Act and there was no nexus or relationship of master and servant between the petitioner and the management of the Jamadoba Colliery. On behalf of the petitioner, learned counsel referred to the definition of "workman" contained in Sec.2(s) of the Industrial Disputes Act, which states that "workman" means

"any person employed in any industry to do any skilled or unskilled manual, supervisory, technical or clerical work for hire or reward, whether the terms of employment be expressed or implied"

It was submitted that the petitioner was admittedly employed in the Jamadoba Colliery as a Machine-cut Coal Loader and the colliery belonged to the Tata Iron and Steel Company Limited and was under its management. On behalf of the respondent company, respondent No. 1, it was, however, submitted by learned counsel that the petitioner was recruited by the C. R. O. which is under the Government of India. The function of the C. R. O. was to enlist the workmen when they report for recruitment, look to their welfare and open Safe Deposit Accounts for each individual workman at the Record Office. The practice is that the collieries which are members of the C. R. O. place indents for a definite number of workmen with the C. R. O. and on receipt of the indents from different collieries the specified number of workmen are recruited from the depot at Gorakhpur. It also appears that a bill is submitted by the C. R. O. to the Colliery concerned for the amount of work performed by the workmen and the payment is made to the individual workman in the camp by the C. R. O. Group Officer. It has also been found that the workman apply to the C. R. O. for leave and