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

Civil Appeal · 2019 INSC 1413Decided 9 Jan 2019
Civil Appeal No. 2530 of 2012
Justice Abhay Manohar Sapre · Justice R. Subhash Reddy

Background

This is an interim order, not a final judgment. On 07.01.2019 the Court allowed this appeal on whether a teacher is an employee entitled to gratuity. Two days later it took up the matter on its own.

Decision Breakdown

This is an interim order, not a final judgment. The Court noted that a 2009 amendment to Section 2(e) of the Payment of Gratuity Act, effective from 1997, had not been brought to its notice and affected the precedent it had relied on. Finding a prima facie error, it stayed its judgment of 07.01.2019 and directed the matter to be listed for rehearing before the appropriate bench.

Lesson Learnt

There is no final ruling in this order. A court can stay its own judgment when a relevant change in the law was overlooked.

Official source (sci.gov.in)View Judgment (PDF)

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