JAIN CITIZENS EDUCATION SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) These two writ petitions have been preferred by the petitioners challenging the validity of Sec.2(e) and Sec.13-A of the Payment of Gratuity Act, 1972, as being unconstitutional and void in the eye of law. Further prayer has been made to direct the respondents, their officers, subordinate servants and agents to refrain from taking any steps pursuant to enforcement of the provisions of Sec.2(e) and Sec.3-A of the Payment of Gratuity Act, 1972 against the petitioners.

(2.) The main grievance of the petitioners is with regard to the retrospective effect given to the aforesaid provisions from 3rd April 1997. According to the petitioners, the Payment of Gratuity (Amendment) Act, 2009, having received assent from the President on 31st December 2009 as published in the Gazette of India, Extra Part II, Section 1 on 31st December 2009, it cannot be given retrospective effect from 3rd April 1997.

(3.) Learned counsel for the petitioners would contend that the retrospective date of 3rd April 1997 has no nexus with the object sought to be achieved. The provisions being violative of fundamental right guaranteed to the petitioners under Article 19(1)(g) and Article 300A of the Constitution of India, the substitution of Sec.2(e) and the insertion of Sec. 13-A in the Payment of Gratuity Act, 1972, are bad in law and ultravires the aforesaid provisions.