VidhiSangh

Supreme Court of India · 07/03/2019

BIRLA INSTITUTE OF TECHNOLOGY versus THE STATE OF JHARKHAND & ORS.

[2019] 2 S.C.R. 963 · 2019 INSC 18

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court recalled its earlier judgment denying a teacher gratuity because it had overlooked the 2009 amendment retrospectively expanding “employee” from 3 April 1997. On rehearing it dismissed the Institute’s appeal, upheld the teacher’s gratuity entitlement and imposed Rs 25,000 costs.

Issues

  1. Whether overlooking the retrospective statutory amendment justified recall.
  2. Whether the amended definition covered the respondent teacher despite the earlier contrary precedent.

Provisions considered

Held

Result

Judgment of 7 January 2019 recalled; appeal restored and reheard, then dismissed. Gratuity entitlement upheld with Rs 25,000 costs payable by the Institute to the teacher.

Judgment PDF: Supreme Court of India, [2019] 2 S.C.R. 963.