NDLI: Birla Institute of Technology Vs. The State of Jharkhand & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Payment of Gratuity s.2(e) technical educational Institute professor “employee”
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Payment of Gratuity Act, 1972 (39 of 1972)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Payment of Gratuity Act, 1972:s.2(e) – Appellant is a premier technical educational Institute of repute in the country – Respondent no.4 joined the appellant-Institute as Assistant Professor – On superannuation, he made a claim for payment of gratuity amount – Entitlement for gratuity –Held: The definition of “employee” as defined under s.2(e) was amended with effect from 03.04.1997 retrospectively by Payment of the Gratuity (Amendment) Act, 2009 (No. 47 of 2009) published on 31.12.2009 – In the light of the amendment made, the benefit of the Payment of Gratuity Act was extended to the teachers also from 03.04.1997 – In other words, the teachers were brought within the purview of “employee” as defined in s.2(e) of the Payment of Gratuity Act by Amending Act No. 47 of 2009 with retrospective effect from 03.04.1997 – Respondent no.4 is entitled to the payment of gratuity – Payment of the Gratuity (Amendment) Act, 2009.Constitution of India:Constitutionality of a statute – Appellant is a premier technical educational Institute – Claim made by a teacher of appellant-Institute for payment of gratuity – Appellant challenged the applicability of the Payment of the Gratuity (Amendment) Act, 2009 (No. 47 of 2009)by which teachers were brought within the purview of “employee”as defined in s.2(e) of the Payment of Gratuity Act – The challenge was on the ground that the constitutional validity of Amending Act No. 47 of 2009 was under challenge in a writ petition, which was pending – Held: Pendency of any writ petition by itself does not affect the constitutionality of the Amending Act, and nor does it affect the right of teacher in any manner in claiming gratuity amount from the appellant(employer) under the Act – It is only when the Court declares a Statute as ultra vires the provisions of the Constitution that the question may arise to consider its effect on the rights of the parties and that would always depend upon the declaration rendered by the Court and the directions given in that case – Such was not the case in the instant matter – Plea rejected –Payment of Gratuity Act, 1972 – s.2(e).
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 18
Petitioner	Birla Institute Of Technology
Respondent	The State Of Jharkhand & Ors.
SCR	[2019] 2 S.C.R. 963
Judgement Date	2019-03-07
Case Number	2530

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
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9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Birla Institute of Technology Vs. The State of Jharkhand & Ors.

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