Payment of Gratuity Act – s.2(e) – Matter listed suo motu – In this matter i.e. in Civil Appeal No. 2530 of 2012, judgment was passed on 7.1.2019 as reported in [2019] 1 S.C.R. 21 whereby appeal was allowed by relying on the decision in Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer & Ors. – During the course of hearing of the appeal, it was not brought to the notice of the bench that pursuant to the decision in Ahmedabad Pvt. Primary Teachers Association, the legislative amendment was made to the definition of “employee” under s.2(e) of the Payment of Gratuity Act with retrospective effect from 3.4.1997 – Prima facie, there is error in judgment dated 7.1.2019 – Operation of the judgment is stayed till the matter is reheard finally by appropriate bench – Registry is directed to list the matter for rehearing before appropriate bench.
Ahmedabad Pvt. Primary Teachers Association v.
Administrative Officer & Ors. (2004) 1 SCC 755 : [2004] 1 SCR 470 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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