2017 INSC 0738
                            SUPREME COURT OF INDIA

The General Manager - Operations Chennai Container Terminal Pvt Ltd

                               Vs.

                            K. Thiruthanikumaran

                            C.A.No.11343 of 2017

                   (Kurian Joseph and R.Banumathi,JJ.,)

                            07.09.2017

                            JUDGMENT

Kurian Joseph,J.,

SLP(Civil)No.35215 of 2016

1. Leave granted.

2. The appellants are before this Court, aggrieved by the order dated 03.11.2016, passed by
the High Court of Judicature at Madras in Writ Appeal No. 623 of 2016. The issue pertains
to the disputes between the respondent-workman and the appellant-Management.

3. Though this case has a chequered history, in the nature of the order we propose to pass, it
is not necessary to refer to all those aspects, particularly having been benefitted by the
mediated assistance rendered by Mr. Sanjay Parikh, learned counsel, who graciously
accepted the request made by the Court.

4. The relationship between the respondent-workman and the appellant-Management has
not been smooth and it has been strained to the extent that the Management finally
terminated the respondent-workman from service. There are several disputes with regard to
his termination and one case, being OS No. 242 of 2016 is now pending before the City
Civil Court at Chennai and the proceedings under the Industrial Disputes Act are also said
to be pending before the Conciliation Officer.

5. Having regard to the fact that the respondent-workman is only around 45 years and he is
able to work elsewhere and having regard to the background of the strained relationship
between the parties, we are of the view that it is in the interests of both the parties to give a
quietus to the disputes. We are informed that towards the gratuity and provident fund, the
respondent-workman is entitled to get an amount of Rs. 9.10 Lakhs. Now, when the em-
ployer-employee relationship is coming to an end once and for all, we are of the view that the
respondent-workman should also be appropriately compensated.

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6. Having heard the learned counsel appearing on both sides and having heard
Mr.Thiruthanikumaran, the respondent-workman, who is present before us, we are of the vi-
ew that in full and final settlement of the entire claims of the respondent-workman, the
appellant - Management should pay an amount of Rs.25,00,000/- (Rupees Twenty Five
Lakhs). This payment is inclusive of the gratuity and provident fund or any other claim of the
respondent. In other words, the respondent-workman shall not be entitled to raise any further
claim on any counts from the appellant-Management.

7. In view of the order passed above, it is not necessary to continue the civil suit, being
O.S.No. 242 of 2016,pending before the City Civil Court, Chennai, which is, accordingly,
struck off from its files. The Registry shall communicate a copy of this Judgment to the City
Civil Court, Chennai forthwith.

8. The pending proceedings between the parties under the Industrial Disputes Act or any
other forum shall also stand terminated. We direct both the parties not to indulge in any other
litigation, either civil or criminal, in respect of the employer-employee relationship without
the leave of this court.

9. Towards the litigation expenses, the respondent-workman shall also be entitled to a
further amount of Rs. 50,000/- (Rupees Fifty Thousand). Hence, the total amount of
Rs.25,50,000/- (Rupees Twenty Five Lakhs and Fifty Thousand) will be credited to the bank
account of the respondent-workman within 10 days from today.

10. With the above observations and directions, this appeal is disposed of.

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