Birla Institute of Technology v. the State of Jharkhand & Ors.

Anil Kumar Jha, Sunil Roy, Advs. for the Respondents. 310 311 The following Order of the Court was passed: 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. In other words, though the definition was amended in 2009 by Act No.47 of 2009, yet the same was given retrospective ef fect 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 Manoh ar Sapre and Hon’ble Ms. Justice Indu Malhotra as early as possible. Devika Gujral – Operation of earlier judgment stayed. – Matter to be reheard. BIRLA INSTITUTE OF TECHNOLOGY v. THE STATE OF JHARKHAND