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2025 Supreme(Mad) 3585

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice M. Dhandapani, J
Managing Director Caterpillar India (P) Ltd. – Appellant
Versus
II Addl. District Judge Presiding Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anand Gopalan, for M/s. T.S.Gopalan & Co., Mr. V.Ajay Khose
For the Respondents: Mr. V.Ajay Khose, Mr. Anand Gopalan, for M/s.t.S. Gopalan & Co.

ORDER :

Challenging the award passed by the Labour Court in and by which the retrenchment of the workmen, while the Management had filed W.P. No.2204/2012 questioning the order of payment of compensation upon retrenchment, W.P. No.15002/2013 has been filed by the Union questioning the retrenchment along with compensation and praying for reinstatement of the workmen along with backwages and all other attendant benefits.

2. For the sake of brevity, the parties to the lis wil be referred to as management and workmen respectively.

3. The brief facts, as could be ascertained from the dispute, which has been referred to the court below, are as under :-

The employees of the Union (who will be referred to as ‘workmen’ hereinafter for brevity), and other workmen were originally employed in Hindustan Motors Ltd. During February, 2001, which company was taken over by the Management by absorbing all the employees. The Management began its operation with the said employees and the earlier Union under the Hindustan Motors was rechristened as the aforesaid Union by securing and protecting their statutory rights and interest in accordance with law.

4. It is the further averment of the Union that demand

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