VidhiSangh

Supreme Court of India · 29/08/2022

INDEPENDENT SCHOOLS’ FEDERATION OF INDIA (REGD.) versus UNION OF INDIA AND ANOTHER

[2022] 13 S.C.R. 776 · 2022 INSC 879

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Summary

A 1997 notification extended the Payment of Gratuity Act, 1972 to educational institutions, but Ahmedabad Private Primary Teachers' Association (2004) held that teachers were not 'employees' under Section 2(e). Parliament's Amendment Act of 2009 widened the definition and inserted Section 13A, both with effect from 3 April 1997. Private schools challenged the amendments as overruling a judgment and as unreasonably retrospective. The Supreme Court dismissed the appeals and writ petitions. A legislature may retrospectively cure a defect a court has identified, and the amendment ended discrimination against teachers. Service before 3 April 1997 counts where termination occurs after that date. The statutory cap limits the burden, and the 2016 repeal of the amending Act does not undo its amendments.

Issues

  1. Whether the retrospective amendment of Section 2(e) and insertion of Section 13A of the Payment of Gratuity Act by the 2009 Amendment Act impermissibly overruled Ahmedabad Private Primary Teachers' Association and violated separation of powers
  2. Whether the retrospective amendments are unreasonable, confiscatory or violative of Articles 14, 19(1)(g), 21 and 300-A
  3. Whether gratuity is payable for service before 3 April 1997, and whether the Repealing and Amending Act, 2016 affects the amendments

Provisions considered

Held

Result

Appeals, transferred case and writ petitions dismissed; interim stays were vacated and the private schools were directed to pay gratuity with interest under the Act within six weeks, failing which employees may move the appropriate forum; no costs.

Judgment PDF: Supreme Court of India, [2022] 13 S.C.R. 776.