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.
ANITA MALHOTRA In other words, though the definition was amended in
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.
Civil Appeal No(s).2530/2012
([FOR DIRECTIONS])
Date : 09-01-2019 This appeal was called on for hearing today.
CORAM :
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
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.
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)