Supreme Court of India
BIRLA INSTITUTE OF TECHNOLOGY versus THE STATE OF JHARKHAND & ORS. on 9 January 2019
310
SUPREME COURT REPORTS
[2019] 1 S.C.R.
A
BIRLA INSTITUTE OF TECHNOLOGY
v.
THE STATE OF JHARKHAND & ORS.
(Civil Appeal No. 2530 of 2012)
B
JANUARY 09, 2019
[ABHAY MANOHAR SAPRE ANDR. SUBHASH REDDY, JJ.]
Payment of Gratuity Act – s.2(e) – Matter listed suo motu –
CIn this matter i.e. in Civil Appeal No. 2530 of 2012, judgment waspassed on 7.1.2019 as reported in [2019] 1 S.C.R. 21 wherebyappeal was allowed by relying on the decision in Ahmedabad Pvt.Primary Teachers Association v. Administrative Officer & Ors. –During the course of hearing of the appeal, it was not brought tothe notice of the bench that pursuant to the decision in AhmedabadDPvt. Primary Teachers Association, the legislative amendment wasmade to the definition of “employee” under s.2(e) of the Paymentof Gratuity Act with retrospective effect from 3.4.1997 – Prima facie,there is error in judgment dated 7.1.2019 – Operation of thejudgment is stayed till the matter is reheard finally by appropriateEbench – Registry is directed to list the matter for rehearing beforeappropriate bench.
Ahmedabad Pvt. Primary Teachers Association v.Administrative Officer & Ors. (2004) 1 SCC 755 :[2004] 1 SCR 470 – referred to.
FCase Law Reference
[2004] 1 SCR 470 referred toPara 2
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 2530of 2012.
GFrom the Judgment and Order dated 02.04.2008 of the HighCourt of Jharkhand at Ranchi in LPA No. 53 of 2007.
Shambo Nandy, Arijit Mazumdar, Ms. N. Annapoorani, Advs. forthe Appellant.
Anil Kumar Jha, Sunil Roy, Advs. for the Respondents.H
BIRLA INSTITUTE OF TECHNOLOGY v. THE STATE OFJHARKHAND
The following Order of the Court was passed:
A
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Cites
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2
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Overruled / Questioned
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O R D E R
On 07.01.2019 this Court delivered the judgment allowing theappeal and setting aside the order of the High Court impugned therein.
Today, we have listed the matter suo motu. The reason being thatduring the course of hearing of the appeal it was not brought to thenotice of the Bench that the judgment of this Court in Ahmedabad Pvt.Primary Teachers Associationvs. Administrative Officer & Ors.(2004)1 SCC 755 on which the reliance was placed for allowing the appealnecessitated the Parliament to amend the definition of “employee” underSection 2(e) of the Payment of Gratuity Act by Amending Act No.47 of2009 with retrospective effect from 03.04.1997.
B
C
In other words, though the definition was amended in 2009 by ActNo.47 of 2009, yet the same was given retrospective effect from03.04.1997 so as to bring the amended definition on Statute Book, from03.04.1997.
D
Keeping in view the amendment made in the definition of Section2(e), which as stated above was not brought to the notice of the Bench,this issue was not considered though had relevance for deciding thequestion involved in the appeal. It is for this reason, we prima facie finderror in the judgment and, therefore, are inclined to stay the operation ofour judgment dated 07.01.2019 passed in this appeal E
The judgment dated 07.01.2019 shall not be given effect to till thematter is reheard finally by the appropriate Bench.
The Registry is directed to list this matter for rehearing before theFappropriate Bench comprising of Hon’ble Mr.Justice Abhay ManoharSapre and Hon’ble Ms. Justice Indu Malhotra as early as possible.
Devika Gujral
– Operation of earlier judgment stayed.
– Matter to be reheard.
G
H