P. JAMES KARUNAKARAN Vs. ASSISTANT GENERAL MANAGER, STATE OF BANK OF INDIA, ZONAL OFFICE MADURAI

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5812 of 2017, Judgment Date: May 01, 2017

                                                              NON-REPORTABLE
                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.5812 OF 2017
                [@ SPECIAL LEAVE PETITION (C) NO. 6757/2015]


P. JAMES KARUNAKARAN                                           APPELLANT(S)

                                VERSUS

ASSISTANT GENERAL MANAGER, STATE BANK
OF INDIA, ZONAL OFFICE MADURAI                                RESPONDENT(S)

                               J U D G M E N T

KURIAN, J.

      Leave granted.
2.    The main grievance of the appellants is that for the  delayed  payment
of the benefits arising out of the award passed in  2005,  no  interest  has
been awarded.  Learned counsel appearing  for  the  respondent/Bank  submits
that so long as there is no direction for grant of interest  in  the  award,
the Bank cannot be compelled to pay interest.  But  the  fact  remains  that
the award has been fully implemented only after a delay of six years.
3.    Having regard to the peculiar facts of this case, we are of  the  view
that it is in the interest of both the  parties  that  peace  is  purchased.
Therefore, in  exercise  of  our  jurisdiction  under  Article  142  of  the
Constitution of India, we direct the respondent/Bank to  pay  an  amount  of
Rs.2,00,000/- (Rupees Two Lacs) towards full and  final  settlement  of  all
the claims of the appellant, which shall be  paid  within  two  months  from
today.
4.    The appeal is disposed of, as above.
5.    Needless also to make it clear that since this is  a  judgment  passed
exercising our jurisdiction under Article 142 of the Constitution of  India,
it will not be treated as a precedent.
6.     We  record  our  appreciation  for  the  service  rendered   by   Mr.
Subramonium Prasad, learned  senior  counsel  for  assisting  the  Court  to
arrive at a decision, as above.
7.    Pending applications, if any, shall stand disposed of.
8.    There shall be no orders as to costs.

                                                   .......................J.
                                                             [KURIAN JOSEPH]


                                                   .......................J.
                                                              [R. BANUMATHI]
      NEW DELHI;
      MAY 01, 2017.
ITEM NO.44                 COURT NO.7               SECTION XV

               S U P R E M E  C O U R T  O F  I N D I A
                       RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).  6757/2015

(Arising out of impugned final judgment and order dated  07/11/2014 in WA
No. 1370/2014 passed by the High Court of Madras)

P. JAMES KARUNAKARAN                               PETITIONER(S)

                                VERSUS

ASSISTANT GENERAL MANAGER, STATE BANK OF INDIA,
ZONAL OFFICE MADURAI                                RESPONDENT(S)

(with appln. (s) for permission to file additional documents and interim
relief and office report)


Date : 01/05/2017 This petition was called on for hearing today.

CORAM :
         HON'BLE MR. JUSTICE KURIAN JOSEPH
         HON'BLE MRS. JUSTICE R. BANUMATHI


                       Mr. Subramonium Prasad, Sr.Adv.

For Petitioner(s)      Dr. Pooja Jha,Adv.
                       Mr. R. Murgan,Adv.
                       Ms. Nandita Jha,Adv.
                       Mr. R.R. Prakash,Adv.
                       Mr. Binod Kr. Jha,Adv.
                       Mr. Vishwa Pal Singh,Adv.

For Respondent(s)      Mr. A.V. Rangam,Adv.
                       Mr. Buddy A. Ranganadhan,Adv.

      UPON hearing the counsel the Court made the following
                              O R D E R

      Leave granted.
      The appeal is disposed of in terms of the signed judgment.

      (NARENDRA PRASAD)                              (RENU DIWAN)
        COURT MASTER                              ASSISTANT REGISTRAR

      (Signed “Non-Reportable” Judgment is placed on the file)