Full Judgment Text
1
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2530 OF 2012
BIRLA INSTITUTE OF TECHNOLOGY APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND & ORS. RESPONDENT(S)
O R D E R
On 07.01.2019 this Court delivered the judgment
allowing the appeal and setting aside the order of the
High Court impugned therein.
Today, we have listed the matter suo motu. The
reason being that during the course of hearing of the
appeal it was not brought to the notice of the Bench that
the judgment of this Court in Ahmedabad Pvt. Primary
Teachers Association vs. Administrative Officer & Ors.
(2004) 1 SCC 755 on which the reliance was placed for
allowing the appeal necessitated the Parliament to amend
the definition of “employee” under Section 2(e) of the
Payment of Gratuity Act by Amending Act No.47 of 2009 with
retrospective effect from 03.04.1997.
Signature Not Verified
In other words, though the definition was amended in
Digitally signed by
ANITA MALHOTRA
Date: 2019.01.11
15:17:07 IST
Reason:
2009 by Act No.47 of 2009, yet the same was given
retrospective effect from 03.04.1997 so as to bring the
amended definition on Statute Book, from 03.04.1997.
2
Keeping in view the amendment made in the definition
of Section 2(e), which as stated above was not brought to
the notice of the Bench, this issue was not considered
though had relevance for deciding the question involved in
the appeal. It is for this reason, we prima facie find
error in the judgment and, therefore, are inclined to stay
the operation of our judgment dated 07.01.2019 passed in
this appeal
The judgment dated 07.01.2019 shall not be given
effect to till the matter is reheard finally by the
appropriate Bench.
The Registry is directed to list this matter for
rehearing before the appropriate Bench comprising of
Hon’ble Mr.Justice Abhay Manohar Sapre and Hon’ble
Ms.Justice Indu Malhotra as early as possible.
............................J.
[ABHAY MANOHAR SAPRE]
............................J.
[R.SUBHASH REDDY]
NEW DELHI
JANUARY 9, 2019
3
ITEM NO.6 COURT NO.7 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).2530/2012
BIRLA INSTITUTE OF TECHNOLOGY APPELLANT(S)
VERSUS
THE STATE OF JHARKHAND & ORS. RESPONDENT(S)
([FOR DIRECTIONS])
Date : 09-01-2019 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
HON'BLE MR. JUSTICE R. SUBHASH REDDY
For Appellant(s)
Mr.Shambo Nandy, Adv.
Mr.Arijit Mazumdar, Adv.
Ms.N.Annapoorani, AOR
For Respondent(s)
Mr.Anil Kumar Jha, AOR
Mr.Sunil Roy, AOR
UPON hearing the counsel the Court made the following
O R D E R
In terms of signed order, the court has made the
following observations:
“On 07.01.2019 this Court delivered the
judgment allowing the appeal and setting aside the
order of the High Court impugned therein.
Today, we have listed the matter suo motu.
The reason being that during the course of hearing
of the appeal it was not brought to the notice of
the Bench that the judgment of this Court in
Ahmedabad Pvt. Primary Teachers Association vs.
Administrative Officer & Ors. (2004) 1 SCC 755 on
which the reliance was placed for allowing the
appeal necessitated the Parliament to amend the
definition of “employee” under Section 2(e) of the
Payment of Gratuity Act by Amending Act No.47 of
2009 with retrospective effect from 03.04.1997.
4
In other words, though the definition was
amended in 2009 by Act No.47 of 2009, yet the same
was given retrospective effect from 03.04.1997 so as
to bring the amended definition on Statute Book,
from 03.04.1997.
Keeping in view the amendment made in the
definition of Section 2(e), which as stated above
was not brought to the notice of the Bench, this
issue was not considered though had relevance for
deciding the question involved in the appeal. It is
for this reason, we prima facie find error in the
judgment and, therefore, are inclined to stay the
operation of our judgment dated 07.01.2019 passed in
this appeal
The judgment dated 07.01.2019 shall not be
given effect to till the matter is reheard finally
by the appropriate Bench.
The Registry is directed to list this matter
for rehearing before the appropriate Bench
comprising of Hon’ble Mr.Justice Abhay Manohar
Sapre and Hon’ble Ms.Justice Indu Malhotra as early
as possible.”
(Ashok Raj Singh) (Chander Bala)
Court Master Court Master
(Signed Reportable Order is placed in the file)