KRISHNA GOPAL TIWARY Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in the present appeal is to an order passed by the High Court of Jharkhand on 27.7.2016 whereby the claim of the appellants to declare the applicability of Payment of Gratuity (Amendment) Act, 2010[1] from 1.1.2007 was declined.

(2.) The appellants are employees of Coal India Limited. The Government of India approved enhancement of gratuity to the executives and Non-Unionized Supervisors of Central Sector Enterprises such as the Coal India Limited where the appellants were employed. The ceiling of the gratuity was raised to Rs. 10 lakhs w.e.f. 1.1.2007 in terms of office memorandum of Government of India dated 26.11.2008.

(3.) The appellants were paid such gratuity in terms of such office memorandum. However, later on, the Payment of Gratuity Act[2] was amended by Central Act No. 15 of 2010 which received the assent of the Hon'ble President on 17.5.2010. The relevant provisions of the Amending Act read as under: