(Abhay Manohar Sapre and R. Subhash Reddy, JJ.)
Birla Institute of Technology ________________________ Appellant
v.
The State of Jharkhand & Ors. ___________________ Respondent(s)
Civil Appeal No. 2530 of 2012, decided on January 9, 2019
The Order of the court was delivered by
Order
1. On 07.01.2019 this Court delivered the judgment allowing the appeal and setting aside the order of the High Court impugned therein.
2. 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 v. Administrative Officer (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.
3. 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.
4. 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.
5. The judgment dated 07.01.2019 shall not be given effect to till the matter is reheard finally by the appropriate Bench.
6. 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.
Civil Appeal No(s).2530/2012
Birla Institute of Technology ________________________ Appellant
v.
The State of Jharkhand & Ors ____________________ Respondent(s)
([FOR DIRECTIONS])
Date: 09-01-2019 This appeal was called on for hearing today.
(Before Abhay Manohar Sapre and R. Subhash Reddy, JJ.)
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
ORDER
7. 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 v. Administrative Officer (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.
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.”
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