HEMANT GUPTA.J. - (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. [1] For short, the 'Amending Act'
(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: "1(1). This Act may be called the payment of Gratuity (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. 2. In Section 4 of the Payment of Gratuity Act, 1972, in subsection (3), for the words "three lakhs and fifty thousand Rupees", the words "ten lakh rupees" shall be substituted." [2] For short, the 'Gratuity Act' ;