J.UDAYAN Vs. MANAGEMENT OF CATERPILLAR

JUDGEMENT

(1.) W.A.No.33 of 2013 had been filed by the workman J.Udayan and W.A.No.2440 of 2013 had been filed by the Management of Caterpillar India Private Limited. Both the writ appeals has been filed assailing the order of the learned Single Judge in W.P.No.18806 of 2008 dated 28.09.2012.

(2.) W.P.No.18806 of 2008 had been filed by the Management, Caterpillar India Private Limited, challenging the award of the II Additional Labour Court, Chennai in I.D.No.538 of 2005 dated 23.01.2008 whereby, the Labour Court had directed the Management to reinstate the workman J.Udayan with service continuity and back wages.

(3.) The workman claimed to be an employee in the Management from 01.01.2004 till 03.03.2005, working without any break. He was tasked by the Management to do loading and unloading, cleaning the iron sheets with rust cleaning Sander machine, plate cleaning etc., and also to work in container lorries to put hook attached with the Fork Lift Machine/Vehicle and all other related works.