O R D E R

The Petitioner challenges the order of the 1^st respondent in TSE-

II/8/2009 dated 15.02.2013. For the sake of convenience, the writ petitioner will be addressed as the Management and the Second Respondent as Workman.

2.The Workman was appointed as a Probationary Assistant, Machine Operator by the Management on 01.04.1996. He was confirmed in service on 26.03.1997. On 03.08.2004, he was made a Machine operator. Till that time, there was no dispute that he was working in a factory and was enjoying the benefits under the Factories Act, 1948.

3.He, thereafter, moved from the Factory's Division of the Management to the Sales Division. He was appointed as a Sales Executive by the Management. He was assigned to promote the sale of heavy vehicles produced by Ashok Leyland Group, in the areas of Cuddalore, Neyveli, Chidambaram, Panrutti and Tindivanam. In other words, he became a Business Promotion Executive for the Management, which had taken dealership with Ashok Leyland Limited. All was well, till the workman procured a sizeable order with M/s. Shree Ramachandra Care Transport. Originally the order was for eight number of vehicles bearing No.AL2516/2TG. The customer was from Hydera