Summary
Acting suo motu, the Supreme Court stayed operation of its judgment dated 7 January 2019 allowing Birla Institute of Technology’s appeal. The retrospective amendment of the definition of employee under the Payment of Gratuity Act had not been brought to the Bench’s notice. Finding prima facie error, the Court directed an early rehearing before the specified Bench.
Issues
- Whether the earlier judgment should operate before reconsideration of an overlooked retrospective statutory amendment.
Provisions considered
- Section 2(e), amended by Act 47 of 2009 with effect from 3 April 1997, Payment of Gratuity Act, 1972The overlooked retrospective amendment was relevant to the appeal and occasioned a prima facie finding of error and interim stay pending rehearing. (¶ Unnumbered order)
Held
- The earlier reliance on Ahmedabad Private Primary Teachers Association had omitted consideration of the subsequent amendment retrospectively effective from 3 April 1997. Its effect required reconsideration; the order made only a prima facie finding of error. (¶ Unnumbered order)
- The judgment of 7 January 2019 was not to be given effect until final rehearing. The Registry was directed to list the matter as early as possible before the Bench comprising Abhay Manohar Sapre and Indu Malhotra JJ. (¶ Unnumbered order)
Result
Operation of judgment dated 7 January 2019 stayed pending final rehearing before the specified Bench.