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2017 Supreme(SC) 1330

KURIAN JOSEPH, R.BANUMATHI
General Manager - Operations Chennai Container Terminal Pvt. Ltd. – Appellant
Versus
K. Thiruthanikumaran – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. K.V. Vishwanathan, Mr. R. Anand Padmanabhan, Mr. Romil Pathak, Ms. Ananya Mukherjee, Mr. Shashi Bhushan Kumar
For the Respondents: Dr. Sumant Bharadwaj, Mr. Ajit Kumar Gupta, Mr. Manoj Kumar, Ms. Mridula Ray Bharadwaj

JUDGMENT :

Kurian, J.

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 benefited 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





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